Terms and Conditions

Terms and Conditions for online purchasing and website use.
These terms and conditions pertain to all use of the website including but not limited to individual entities, customers, representatives, businesses, and corporations . Hereafter known as Terms, this document details the conditions of use, and the User Agreement to website use, purchasing and site content. Please read this document carefully. If you do not agree to this Agreement please refrain from using this Website(s).

1. Applicability
The following conditions are applicable to:
- the purchase of BTDT branded products on the Australian BTDT store (www.mybtdt.com) and all subdomain websites linked under mybtdt.com (www.lostinthecrowd.mybtdt.com). Hereafter known as Website(s), or mybtdt.com and lostinthecrowd.mybtdt.com.
- the use of any and all information, documents, pictures, posts, products and services available through the Website(s).

2. Website use
2.1 Terms of use
In using this Website(s) you agree to any and all Terms represented in this document. It is important you read the Terms carefully as they contain legal facts and information which will govern our relationship with you. If you do not agree to these terms and conditions, please refrain from using our Website(s).

Mybtdt.com expressly disclaims any liability or loss arising from, or related to the site and/or use of the site (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, merchant interfaces, websites, facilities, or your data or customer data (including credit card data numbers and other personally identifiable information) due to accident, illegal or fraudulent means (including hacking, or devices used by any third party means) or other causes beyond BTDT’s reasonable control.
You expressly agree that BTDT shall not be liable for any loss arising from infiltration of the site by means of software viruses, trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate data from the site.

2.2 Conditions of use
As a condition of use of the Website(s), you agree that neither company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of BTDT will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the site. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

2.3 Indemnification
You agree to indemnify, defend and hold harmless BTDT, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, arising from or out of:
- your use of the Site.
- your breach or alleged breach of any representation, warranty or other obligation
- your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances.
- the negligence or wilful misconduct by you or your employees or agents.
- any violation of the Terms.
- your infringement of any intellectual property or other legal right of any person or entity.
- your advertising, marketing, promotion, sale, or distribution of any products or services.

In the event you cause fines and/or penalties to be charged to BTDT by the Credit Card Associations or any other entity, you agree to reimburse BTDT immediately for said fines and/or penalties.

3. Ordering and purchasing on our website
3.1 Eligibility to order/purchase
In order to place an order on our website, you must:
- Be a consumer, not a reseller.
- Be at least 16 years of age.

3.2 How to order
You will need an email address to make an order. Payments are made securely through Paypal. If you do not have a Paypal account single credit card purchasing is available through their secure socket layer (SSL) payments. You may need to accept cookies and pop-ups to allow full access to the website, which includes adding items to your store, using the check-out and processing payments.

Placing an order on our website has been made as easy as possible for our customers.
If in doubt, follow the following steps:

Have a browse through our website to see the amazing products on offer and choose different styles where applicable.
Add the products to the shopping cart.
Proceed to the checkout.
Enter country to determine shipping (and voucher if applicable). Click [Update total].
Review your order.
Click [Checkout] to enter payment through Paypal.
Confirm delivery and payment options.
Submit order.
Receive an online order confirmation.

You are bound by your order once you have clicked [pay] with Paypal. By clicking the [pay] button your order is sent to us as displayed in your cart review page. When we receive your order an automatic confirmation is sent to the email address supplied notifying you that we have received your order. We strongly suggest you print this confirmation to be retained for your records. Your order will then be transferred to the website for package and delivery. At any time during this process we explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation. This is detailed in section 3.3.

3.3 Our right to not accept your order, or cancel your purchase
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order received from us) in situations (amongst others) such as:
- the product is no longer available / in stock (all payments refunded).
- your billing information is not correct or verifiable.
- your order is flagged by our, or by Paypal’s security system as being unusual order susceptible to fraud.
- your payment is not received.
- we believe you are under 16 years of age.
- We have reason to believe you are a reseller.
- There was an error in the price listed on the website.
- We could not deliver to the address provided.

4. Prices, Payments, Processing and Cancellations
4.1 Prices, currency and taxes
Prices listed on the website are inclusive of GST and all Australian taxes. International purchases may incur additional customs duties and/or taxes. These charges (if applicable) are not included in the total charges made through our Website(s) and will be incurred by you.

4.2 The total price
The total price listed in the cart screen is the total cost which will be charged to you. All prices are quoted in Australian Dollars (AUD). These prices will vary between currencies depending on current exchange rates. If your currency is different to that displayed on the website, your bank will modify the total charges according to their own currency exchanges. Your bank may apply its own exchange rate which may vary from the standard exchange rate. This is outside our control.
The total price includes delivery charges which are added after country and region for delivery have been selected. Delivery rates vary depending on the Country and region. The total price includes all Australian taxes, inclusive of GST (Goods and Services Tax) and duties for national sales. They do not include international taxes, duties and additional importation fees which may be incurred through international purchases.

4.3 Payment methods
All payments are made directly through Paypal. PayPal automatically encrypts your confidential information in transit from your computer to ours using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available). Your personal information sits behind an electronic firewall, which is not directly attached to the internet so your personal information is available only to authorised users.

4.4 Payment processing
Following confirmation and payment orders will be transferred to the warehouse for dispatch. BTDT reserves the right (section 3.3) to not accept or cancel any order at any time for any reason. Payments are processed through Paypal. You will not incur any additional credit card charges for using this service.

4.5 Product ownership and retention of title
BTDT retains the title for all products until full payment has been made and confirmation has been made. This notwithstanding section 3.3.

4.6 Price errors
Please note that while the pricing on our Website(s) is made with care it is possible that the Website(s) contains errors in pricing. We are not bound by any offer and reserve the right to cancel or refuse any purchase in the instance of such an order (for more information see section 3.3).

4.7 Price changes
Product prices on the Website(s) are subject to change. We reserve the right to change prices without notice. Subject to clause 4.6 above, the price noted on the product at the time of purchase are the prices applicable to that purchase.

4.8 Discounts
BTDT reserves the right to refuse and/or cancel any purchase made with a voucher or token at any time, for any reason. (Subject to clause 4.7 no discount vouchers must be honoured at any time and purchases may not be accepted or cancelled if vouchers are deemed invalid by BTDT under section 3.3).

BTDT is under no obligation to honour a voucher which was not entered during the time of purchase. Order instructions are detailed in section 3.3. If for any reason a voucher was not entered at this time the total price listed is what will be charged to the customer.

4.9 Cancellations
You may cancel your order for any reason following confirmation as long as the item has not been dispatched. If the order has been dispatched you will need to wait for the item to be delivered and then return it according to our returns policy. For more information on returns and cancellations, see Returns in section 7.

5. Order Security
BTDT and Paypal have implemented secure socket layer (SSL) technology, which is one of the most robust encryption platforms available. BTDT does not retain credit card information on its servers. Information retained by Paypal is kept on a secure server, which is not attached to the internet. Although we use encrypted security software, the security of your information cannot always be guaranteed. BTDT shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

6. Shipping and Delivery
6.1 National delivery
Standard delivery days are Monday-Friday and do not include public holidays. Time of delivery is 2-7 business days, varying depending on country or metropolitan areas. Allow up to 7 business days for the delivery of your goods. All deliveries are registered through Australia Post. The times of delivery may vary on location and may be affected by reasons outside BTDT’s control. BTDT is not liable for any damages incurred through delayed or failed delivery by Australia Post.

6.2 International delivery
All international deliveries are registered through Australia Post. Time of delivery is 3-10 business days; varying depending on metropolitan or regional areas. Allow up to 12 business days for the delivery of your goods.subject to their location and vary accordingly. All deliveries are registered through Australia Post. The times of delivery may vary on location and may be affected by reasons outside BTDT’s control. BTDT is not liable for any damages incurred through delayed or failed delivery by Australia Post.

6.3 Shipping methods and free shipping
Unless otherwise specified all orders incur a postage and handling delivery charge. This charge is reflective of the costs incurred to deliver the item to you with quality assurance. All shipping with BTDT is registered through Australia Post. As part of this service we are able to ensure it is delivered and received by you with proof of dispatch and proof of receipt services offered through Australia Post.

As part of your order you may have the eligibility for free shipping. Free shipping does not incur any additional postage charges. Free shipping is registered through Australia Post and has the same tracking and security of paid shipping. To be eligible for free shipping during promotional periods the voucher codes must be entered into the sales order when selecting the country of delivery in the cart shopping area. During a promotional period BTDT is not required to honour or refund any postage charges where the discount vouchers were not used during purchase (see section 4.8).

6.4 Shipping rates - domestic
Domestic shipping rates are calculated according to the current shipping rates set through Australia Post.
-Postage is capped at $6.95(AUD) for all domestic purchases.

Shipping rates - international
-Postage is capped at $19.95(AUD) for all international purchases.

6.5 Inspection of delivery
Please ensure you inspect the quality of the package on delivery. If it appears damaged please do not accept the shipment. Once the item has been returned to the warehouse we will refund all purchasing costs related to that item. Please inspect the quality of the item within a reasonable time following its receipt. You will have deemed to have accepted the products if you have not contacted us within 28 days of its delivery. For more information regarding returns, see section 7.

7. Fulfillment of Orders
7.1 Availability
Fulfillment of all orders is subject to their availability. BTDT is under no obligation to fulfill an order which is out of stock. we try hard to make sure all items listed on the website are in stock and available. This is, however, sometimes not possible. In such an event we will inform you of the outcome via email and refund all charged attributed to the order.

8. Returns Policy
At BTDT we love all of our sunglasses, and we know that sometimes things don’t quite work out as planned. Please read the following carefully pertaining to our Returns Policy

8.1 Items of non-conformity
If you receive your item and it does not reflect the product description, or it is clearly in a worse condition than indicated please contact us immediately and let us know the problem. If necessary you will be able to return the item to us for a full refund.

8.2 Damaged and defective items
If you receive an item which is damaged, defective or incorrect and you would like a replacement item to be sent, please contact us and let us know the problem. You can then return the original item within 28 days of its original receipt. Upon receiving the item a replacement will be dispatched to you. In the event you return goods because they are defective or otherwise not in conformity with your order, we will pay for the ship-to and return-shipping costs.

8.3 Qualifying for returns
Returning your items with us is not a problem. You can return any item in its original condition within 28 days of receiving the original order.
We will refund the cost of the goods returned, which includes sale items. In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. In practice, when returning, you will use our logistics provider at Australia Post. As the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery.

8.4 Product Exchange
We are not able to return items in exchange for another. If you would like to change your item for a different design, or colour, you will need to place a new order as returned items are automatically refunded following approval.

8.5 Return Approval
Returned goods are inspected on their return to the warehouse to ensure they are in their original condition. Once received and approved the refund will be processed immediately.
Returned items do not need to be in the original packaging. It is important, however, that items are packed properly for return. The item condition is the customers responsibility until the product arrives at the warehouse. In the unlikely event your item is returned in an unsuitable condition we may have to send the item back to you.

8.6 Processing payments for returns
All returns are processed directly through Paypal’s security payment system. All payments made through Paypal are refundable up to 60 days following the purchase of the original item. Refunds are made directly to the card used to purchase the item. It will take 5-7 working days for the credit to appear once we send through confirmation of the refund. For more information regarding Paypal returns click here to head to the Paypal refund policy website.
For customer security BTDT does not retain any credit card information of its customers. For more information on the BTDT privacy policy. More information about personal information can be found in the BTDT Privacy Policy.

8.7 Returning items in the prescribed time
If the item is not returned within 28 days of receiving the original order we may have to send the item back to you. BTDT retains the right to decline return requests outside this period. In all cases refunds for returned items cannot be issued 60 days from the date of purchase.

8.8 Expected timeframes of returns
It can take up to 7 business days for your item to arrive at our warehouse. Once it has arrived we will send you an email to confirm when the return has been approved and refund processed.
The refund will take 5-7 business days to appear on your statement through Paypal.

9. Third Party Linked sites
9.1 Use of third party linked sites
The BTDT Website(s) provide links to external Internet sites. BTDT shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it. BTDT provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by BTDT. All links to merchants or advertisers are owned and operated by independent retailers or service providers. BTDT cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

9.2 Use of third party information
All information, images, logos and graphics of linked sites are property of those groups. Their content cannot be used, copied, modified, distributed or downloaded through any means without their express permission.

10. Intellectual Property Rights
The Website(s) is proprietary to BTDT. All the text, images, marks, logos and other content of the site. This hereafter is known as ‘Site Content’ and is proprietary to BTDT or to third parties from whom BTDT has obtained permission. BTDT authorizes you to view, download, and print the Site Content provided that:
-it is done solely for personal and non-commercial use.
-you do not copy, publish or redistribute Site Content.
-you do not modify Site Content.
-you do not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by BTDT.

Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the site content, is strictly prohibited without the prior written permission of BTDT. To request permission you may contact us at [email protected].

By using this Website(s) you represent and warrant that your use of Site Content will be consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties. If any user breaches these Terms in any way BTDT will not be liable for damages incurred to an affected party as a result.

11. User Generated Content
11.1 Creation of User Generated Content
If you post any ideas, remarks, questions, data, graphcs, photos, opinions, designs or other information (incuding information on bulletin boards, chat rooms, social media or other forums (hereafter known as ‘User Generated Content’), on the website(s), or if you send such User Generated Content through the Website(s) to BTDT, this will become the exclusive property of BTDT. The User Generated Content will be deemed non-confidential and we will be entitled to use or disclosure of the User Generated Content in any manner whatsoever, without liability or notice to you.
The User Generated Content (including any and all information you send through the Website(s) directly or indirectly) should not be, or contain, material which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil, criminal or religious. You agree that all material submitted to us is original to you, and not copied in whole or part from any third party. Please do not send anything that is required to be kept confidential.

BTDT does not, and you agree that:
-BTDT has no obligation to, review the User Generated Content.
-BTDT is not in any manner responsible for User Generated Content.
-BTDT does not guarantee the accuracy, integrity or quality of User Generated Content.
-BTDT cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Websites.

By providing you with the ability to access and view User Generated Content on the Website and social media sites, BTDT is a passive conduit for such distribution. As such it is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of BTDT or its affiliated or related entities or content providers. You agree to indemnify, defend and hold harmless BTDT in all issues relating to User Generated Content.

As part of these Terms you acknowledge and agree that BTDT has the right to monitor all User Generated Content posted on the Website(s) at its own discretion. BTDT maintains the right to edit, alter, refuse or remove any and/or all User Generated Content in part, or in whole, for any reason. You agree that BTDT is not required to respond to, or use any User Generated Content and that you will notify BTDT in writing of any objectionable content appearing on any of the Website(s).

BTDT will, in good faith, monitor User Generated Content with allegations of objectionable content which violates the General Conditions of these terms. It does, however make no warranty that it will:
-remove, edit or continue to display any User Generated Content whether or not they are subject to objectionable allegations.
-be liable for editing, removing or continuing to display any User Generated Content whatsoever.

11.2 Use of User Generated Content Submitted
To the extend of all intellectual property rights underwritten in User Generated Content, at the point of posting, or at the time it is sent to BTDT, all intellectual property rights of User Generated Content you own will be transferred by you to BTDT.

To the extent that the aforementioned is not sufficient or valid to allow free use of User Generated Content by BTDT, you guarantee that BTDT is free to use any (parts of) the User Generated Content sent by you to BTDT, or through your interaction with the websites without notice, compensation or acknowledgement for any purpose whatsoever. This includes, but is not limited to developing, manufacturing and marketing products and creating or modifying the Website(s). You acknowledge and agree that you shall have no claim against BTDT, or any party should any User Generated Content, posted or sent by you be used in the aforementioned manner.

12. Website Content
12.1 Website content
In using the Website(s) and interacting with BTDT you acknowledge that use of the BTDT Website(s), including the use of any and all Site Content, including User Generated Content, will be at your own risk. You acknowledge and agree that BTDT is not responsible for any Site Content that purports to give advice about illegal drugs, suggestion of illegal drug use, alcohol use and illicit actions. Always seek professional advice and understand the current laws in your country pertaining to these topics. You acknowledge that BTDT cannot be held accountable for any damages as a result of using Site Content and will be held harmless and indemnified for any Site Content which may cause damage or injury.

BTDT, its Website(s) and affiliated social media sites do not promote the use of drugs and in no way supports illegal behaviour. BTDT is not liable to damages of any person engaging in any activities mentioned, alluded or suggested in any way within the Site Content and as a result of reading such content.

12.2 Website use
BTDT has developed its website with care, however the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. BTDT shall not be not liable for any damages resulting from the use of (or inability to use) the Website(s). This includes damage caused by viruses or any incorrectness, or incompleteness of the information, unless such damage is the result of any wilful misconduct or from negligence on the part of BTDT.

13. Force Majeure
In the event that the world is about to end, such as in the case of a Zombie Apocalypse, BTDT is not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, alien attacks, meteor strikes, decepticon attacks, imperial assaults, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.

14. Modification
BTDT reserves the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.