We reserve the right to change any part of the Site, including these Terms, at any time. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
You must be at least 18 years old or at least the age of majority in your jurisdiction in order to use our Site. If you are under 18 years old or under the age of majority in your jurisdiction, then you may only use the Site with your parent or legal guardian’s consent. By accessing or using our Site, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. If you (or your parent or legal guardian) do not agree to these Terms, you may not use or access the site.
You may view some parts of the Site without registering, but in order to access and use other parts of the Site, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been an unauthorised use of your password or account, please notify us immediately.
4. INVENTORY AVAILABLE
We do our best to ensure that the product you’re ordering is available at the time of purchase. That said, in some instances product will become unavailable during the order process and won’t be able to be filled. We make no guarantees on the availability of product as represented on our Site.
5. RETURN/EXCHANGE TERMS & CONDITIONS
1. Refunds or exchanges are available on full-price items only. Item(s) needs to have no signs or evidence of wear and a valid proof of purchase must be presented.
2. No refunds on sale items.
3. Customers have 14 days to refund or exchange any Full Price item from date of purchase.
4. Customers have 7 days to exchange any Sale item from date of purchase.
5. No refund or exchange on worn/used items.
6. Refunds & Exchange shipping costs are not covered by Butter unless items is faulty/wrong.
7. Gift Vouchers/ExchangeCodes are valid for 6 months from date of purchase/issue.
8. Gift Vouchers/Exchange codes cannot be refunded.
9. All sneaker consignment sales are final and can not be exchanged/refunded.
Estimated delivery time for orders within Australia is approximately 2-7 days. Estimated delivery time for international orders is 7-14 days. Please note: Due to COVID-19, delays may apply to international orders.
Unless provided otherwise, we and our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Butter name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You may only use the Site for personal, non-commercial purposes.
8. USE RESTRICTIONS
While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms.
You agree that when using the Site you will not:
a) Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; b) Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site; c) Frame or mirror any part of the Site without Butter’s express prior written consent; d) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; e) Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorisation; f) Use the Site to make unsolicited offers, requests, advertisements, or spam; g) Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make; h) Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or i) Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
9. DISCLAIMER OR WARRANTIES
This Site is provided to you “as is” and “as available” without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of this Site, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available throughout the Site. We disclaim all warranties with respect to the Site including, but not limited to, the warranties of non infringement, and title.
We make no warranty that:
a) the site will be error free or uninterrupted; b) the information obtained from the site will be accurate, complete, current, or reliable; c) the quality of the site will be satisfactory to you; or d) errors or defects will be corrected.
We make no guarantee regarding the reliability, accuracy or quality of any communication that is posted on the site.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Butter, its affiliates, licensees or any party involved in creating, producing or delivering the Site or the related products or services, shall not be liable to you or any other party for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages, regardless of the form of action or basis of any claim, arising out of or regarding:
a) your access, use or inability to use the site; b) any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including loss of profits, loss of business or date, business interruption and damages that result from inaccuracy of the information or inconvenience, delay or loss of the use of the site); c) your actions or communications using our site or in connection with our site; d) any breach of security associated with the transmission of information through the Site or any linked sites for any information or products, obtained through use of the Site, or for any information or products, obtained through use of the Site, or otherwise arising out of the use of the same, regardless of the form of action or basis of any claim.
If you have a dispute with us or are dissatisfied with the Site or the Terms, termination of your use of the Site is your sole remedy. We have no other obligation, liability or responsibility to you.
You agree to defend, indemnify and hold harmless Butter, and its respective employees, officers, directors, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including legal fees) arising out of:
a) your use of, or activities taken, in connection with the Site; or any violation of these Terms by you. b) We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
12. DISPUTE RESOLUTION
These Terms will be construed and enforced under the laws of the state of New South Wales, Australia. You agree that the state courts in New South Wales, Australia and the federal court of Australia shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that New South Wales, Australia is an inconvenient forum. You agree that you will not file a class action, or participate in a class action against us.
13. THIRD PARTY SITES
The Site may contain links to third party websites. We have no control over such websites and is not responsible for the availability of such external websites. We do not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Site. We do not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. In addition, other websites may provide links to the Site with or without our authorisation. You acknowledge and agree that we do not endorse such third-party sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Site.
If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then:
a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired; and b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.