Terms & Conditions

FREE SHIPPING TERMS & CONDITIONS

Free Standard Shipping applies to all orders with an Australian shipping address placed over $200. This offer cannot be applied to purchases prior to the commencement of the promotional period or after the promotional period has finished and cannot be redeemed for cash.

ELK ACCESSORIES PTY LTD (ELK) TERMS AND CONDITIONS OF TRADING

These websites www.elkthelabel.com, www.elkaccessories.com.au, www.elkaccessories.com, www.elk.net.au (known as “the elk websites”) are made available to you (herein known as “the Purchaser”) pursuant to these trading terms and conditions which are legally binding. These terms and conditions are laid out in full.

Please read through these carefully before making any purchase from these websites. Your subsequent purchase will indicate your full acceptance of these terms and conditions.

These terms and conditions may be modified from time to time and your continued use of these sites and any subsequent purchases made shall signify your agreement to be bound by any changes.

These terms and conditions are in effect from 14/11/2018.

TRADEMARK

elkthelabel® Elk® ELK Accessories® MrELK ® & SOMN ® amongst others are all registered trademarks.

COPYRIGHT

All designs, content and photographic material are subject to copyright and are wholly owned by ELK Accessories Pty Ltd. (ELK). No designs, content or photographic material represented on ELK’s websites may be used without prior written authorisation.

INTELLECTUAL PROPERTY

The purchaser will not use, copy or infringe on ELK’s intellectual property. This means all intellectual property rights (whether created before, on or after the date of these Terms and Conditions and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade names, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise, and which relates to any of ELK’s products or services.

ON SELLING

Under no circumstances may the Purchaser on sell or resell any first hand ELK items or goods on any website, third party online reselling channels, other retailers, private selling events or catalogue sales without written authorisation from ELK. Should this term be breached, ELK reserves the right to recover all items.

LINKING TO THE ELK WEBSITES

You may link to the ELK homepage on the condition you do so in a way that is legal. It must be fair and not intended to damage our reputation or in any way take advantage. You may not suggest any form of ELK’s association or endorsement where there is none. We reserve the right to request a link removal at any time.

PROHIBITIONS

You will not commit or encourage a criminal offence by transmitting or distributing a virus, trojan, worm, or any other harmful or malicious program or device, post any other material which is malicious, harmful or in any way offensive or obscene. You must not hack into any aspect of the website, corrupt data or cause annoyance to other users by sending unsolicited advertising or promotional material commonly referred to as "spam"; or by attempting to affect the performance or functionality of this Website.

ELK will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

ORDERING

ELK cannot guarantee and accepts no liability in regards to the availability of stock and the time frame involved in delivering any goods or service pursuant to the Purchaser’s order. ELK reserves the right to cancel any order without notice.

SHIPPING & ORDER TRACKING

ELK will deliver to most Australian addresses and to selected international addresses using a contracted courier service. Any risk will pass to the Purchaser and or any other person who signs for the receipt of the delivery. ELK cannot accept responsibility for delays in delivery due to unforeseen circumstances such as natural disaster, strike or transport complications.

The Purchaser is responsible for providing accurate delivery instructions and address details in writing. If the nominated courier is unable to deliver the Purchaser’s order due to either incorrect information provided by the Purchaser, a re-delivery fee may apply. This fee will be charged to the Purchaser’s credit card.

LIABILITY

To the extent permitted by law, ELK shall not be liable for indirect or consequential losses or expenses suffered or incurred by the Purchaser in relation to the supply or return of goods. ELK’s liability is limited only to the cost of supply or re-supply of goods in accordance with these terms.

WARRANTIES REGARDING THE GOODS

Conditions, warranties and other provisions which apply to or in respect of goods under or by virtue of the Australian Consumer Law as amended from time to time or any other enactment of the Commonwealth of Australia, the State of Victoria or of any other place and which by that enactment cannot be excluded from these Terms and Conditions shall apply without restriction or modification.

All other warranties, conditions and guarantees which would or may be implied (whether by statute law, trade usage or otherwise) into this account agreement (including, in particular, any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from these Terms and Conditions.

JURISDICTION

This contract is made in the State of Victoria Australia.

NO COMMERCIAL USE

These sites are for your personal use only. You may not, copy, distribute, transmit, display, modify, reproduce, publish, license, 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.

AGREEMENT

This agreement supersedes any and all preceding agreements between the purchaser and ELK.

BILLING

We will accept payment for your purchase by either Visa®, MasterCard®, American Express®, Afterpay®, or PayPal®. All goods supplied remain the property of ELK until they are paid for in full.
Please ensure you enter your contact and delivery details correctly, including your phone number, so that we can contact you if necessary. If payment is via credit card, the name on the credit card used for payment must match the billing name on the order. We reserve the right to cancel any order which we determine does not meet this requirement.

CURRENCY

All product and shipping prices quoted on the www.elkthelabel.com are in Australian Dollars (AUD). All transactions are settled in AUD. Some credit providers may charge additional fees, please contact your credit provider for more information.

GST & TAXES

All purchases delivered within Australia incur the standard government Goods and Service Tax (GST). All prices listed at www.elkthelabel.com include GST. Purchases shipped to international address are exempt from Australian taxes (10% GST). For international orders, the prices listed do not include any overseas duties, customs or import charges which may apply depending on the landing country. Any additional international charges will be at the expense of the recipient and will not be covered by ELK. The customer may incur these charges at any time up to 24 months after the goods are purchased. ELK reserves the right to charge any unpaid or additional taxes and duties to the original purchaser’s credit card.

PROMOTIONAL CODES

We may occasionally release promotional codes valid for a specified time. These codes are valid for use within the specified time frame only. All conditions applying to each promotional code will be specified at the time of issue. They may be redeemed online at any of the ELK websites or ELK retail stores* only. They cannot be used in any independent ELK stockists.

GIFT VOUCHERS

Gift vouchers are valid for 3 years from the listed date of issue. They can be purchased and redeemed online at elkthelabel.com or our ELK retail stores*. Gift Vouchers are not valid for use at any independent ELK stockists. The voucher is valid for merchandise only and cannot be exchanged for cash. Any remaining balance of your voucher will be linked to your voucher code until redeemed. Vouchers may be spent in whole or in part. Remaining credit cannot be paid in cash. Please contact customerservice@elkthelabel.com if you have lost your voucher code. Treat your gift card like cash. Lost or stolen gift cards will only be replaced if proof of purchase can be provided.

ORDER CONFIRMATION

Confirmation of your order will be sent to your e-mail address. The e-mail will reconfirm all delivery and shipping details, charges and any other relevant information. It is the purchaser’s responsibility to ensure that all information provided is accurate. We aim to ship within 24 to 48 hours however this may vary depending on demand at the time. Please contact us immediately should you need to make any changes to your order or if you require your order by a specific time. Once order is dispatched, no changes can be made.

ORDER CANCELLATIONS

CANCELLATION BY ELK
ELK Accessories reserves the right to cancel any order at any time without notification.

CANCELLATION BY PURCHASER
We aim to ship online orders within 24 to 48 hours of the order being placed. Should you wish to cancel an order after payment has been accepted, please contact ELK via e-mail at hello@elkthelabel.com or by phone on (+61) 3 9478 1800.
Unfortunately, we are unable to cancel an order, once it has been dispatched. The order will then comply with our returns and exchange policy.

SIZING & PHOTO REPRESENTATION

The websites represent as accurate as possible representation of the product and its colour. ELK products are handmade using natural materials where possible and therefore, slight variations in colour may result.

Colour representation may also vary slightly due to computer image quality and screen settings.

Further information about product sizes can be provided on request. Please email us on hello@elkthelabel.com should you require more specific details.

SAFETY & SECURITY

We use Secure Server Software (SSL) for ecommerce transactions. The personal information collected to complete a transaction is fully encrypted. The SSL software encryption ensures your personal information cannot be read as it travels over the Internet.

MOBILE TERMS OF SERVICE

Last updated: Sept. 7, 2023

The Elk The Label mobile message service (the "Service") is operated by ELK ACCESSORIES PTY. LTD. (“Elk The Label”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Elk The Label’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Elk The Label through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Elk The Label. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to ELK AU or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Elk The Label mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to ELK AU or email hello@elkthelabel.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

SMS COMPLIANCE

TCPA Compliance:
Text Marketing and notifications:
By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 30 a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

GDPR Compliance:
Text Marketing Terms and Conditions:
We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. Your phone number, name, and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

SMS PROMOTIONAL TERMS & CONDITIONS

*Exclusive Free Shipping SMS Promotion.
Free Shipping on your next purchase at au.elkthelabel.com using your unique code supplied in the ELK SMS at checkout online. Available for one use per customer. This offer cannot be used in conjunction with any other offer and is not available at ELK wholesale stockists.