Terms and Conditions

www.neotokyo.com.au (the “website”) is owned and operated by Neo Tokyo Pty Ltd ACN 099 434 296 (Neo Tokyo) on the World Wide Web.

Neo Tokyo's ("Neo Tokyo" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms and Conditions and any other rules posted on our Sites (collectively, the "TAC"). Please read the TAC carefully before placing any orders on www.neotokyo.com.au. We recommend you should keep a copy of the TAC for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TAC and our Privacy Policy. If you are under 16, you must let your parent or guardian know about Neo Tokyo's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TAC from time to time. Please read the TAC and check back often. If you do not agree to any change to the TAC, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

You agree that access to and use of this website are subject to the following Terms and Conditions together with the Neo Tokyo Privacy Statement, Terms and Conditions of purchase (where applicable) and other customer service policies on this website. By entering this website you agree to be bound by these Terms and Conditions and policies and any other notices accepted by you on this website. By continuing to use this website you are agreeing to the Terms and Conditions contained in the website.

Applicable Law and Jurisdiction

Your use of this website is governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of Neo Tokyo products).

Review of Terms

These Terms and Conditions are subject to change from time to time, such changes to be effective upon posting on this website. Your continued use of the website after any such changes will indicate your acceptance of such changes

Conditions of Purchase

Returns or exchanges on unworn merchandise are available within 30 days of the purchase date (excluding sale items).
Receipt or proof of purchase is required with all returns, except where otherwise specified by Trade Practices legislation.
Refunds will be given in the tender of the original purchase.

Payment Methods

Payments can be made through Pay Pal, cheques and direct deposit.

MAIL ORDER TERMS & CONDITIONS

Mail Order Terms & Conditions operate according to the Neo Tokyo "Conditions of Purchase" with the following exceptions:

Neo Tokyo Mail Order accepts credit card transactions, cheques, direct deposit and PayPal.
Customers must pay for postage to send item/s back to mail order centre on "change of mind" purchases.
The customer must call the Mail Order centre to advise of a return, if the items are unworn and returned within 14 days of the call - the customer will be able to return the goods but there will be no refund for a change of mind.
Postage within Australia is $12.95 (regular post) and $15.00 (express post) per transaction. Postage to New Zealand is $A25.00 per transaction.
Neo Tokyo does not accept any responsibility for duty taxes which may be incurred for mail order deliveries to New Zealand

REGISTRATION

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address support@neotokyo.com.au. You may also want to view our Privacy Policy. We may change registration requirements from time to time.

ELIGIBILITY TO PURCHASE

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you must represent and warrant that the payment details you provide on ordering are both valid and correct. You must also confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Neo Tokyo terms of eligibility, who have been issued a valid credit card by a bank acceptable to Neo Tokyo, whose applications are acceptable to Neo Tokyo and who have authorised NeoTokyo to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Neo Tokyo reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Neo Tokyo feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability.
Neo Tokyo offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to Neo Tokyo. Neo Tokyo will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Neo Tokyo. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Neo Tokyo will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded in Melbourne, Australia and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, MasterCard, and Visa debit cards, cheques, direct deposits and PayPal. Payment will be debited and cleared from your account upon dispatch of your order by Neo Tokyo. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Neo Tokyo, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Neo Tokyo user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure Neo Tokyo uses Secure Socket Layer (SSL) technology.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY

Neo Tokyo insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Neo Tokyo and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Neo Tokyo are not responsible for any delays caused by destination customs clearance processes.

TRACKING YOUR ORDER

You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique airway bill number which we emailed to you, and we will track your shipment for you.
Neo Tokyo will store a record of your transactions for a minimum of one year.

RETURNS AND EXCHANGES

Neo Tokyo unconditionally guarantees all products we manufacture and sell at our online store to be free from defects of workmanship. We will gladly replace any defective items you wish to return.

If you're unsatisfied with the fit, quality, color, or size of an item you may return it and choose an item in another size or color. We will gladly replace any item that you're not completely happy with.

Please note the following limitations:

Item must be returned within 30 days of date of purchase.
Items that have been laundered or altered in any way cannot be accepted for exchange or return.

EXCHANGES

Please note we can only exchange items for a different size or colour. When requesting your Return Merchandise Authorization (RMA), please specify the size you require. If you wish to exchange your item for an alternative style, we suggest that you return it for store credit and purchase the new item separately.

IMPORTANT INFORMATION

Please return items for exchange within 30 days of receiving your RMA number.
We recommend that you send all items you wish to return in the same shipment to ensure your return is processed as quickly as possible.
Items should be returned in their original packaging to ensure they are adequately protected in transit. Shoe boxes should also be returned in the original outer packaging in order to ensure they are protected from damage, shoe boxes are considered part of the product, and your return may not be accepted if the box is damaged.
Free collection does not apply to items returned from a different country to the original shipping destination.

OUR POLICY

Items should be returned unused, and with all Neo Tokyo tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer.
Please email info@neotokyo.com.au if any of your purchases have been delivered without Neo Tokyo tags.
All items returned should have a Return Merchandise Authorization (RMA) number to ease the process. Unidentified returns may be returned to the sender.

LATE RETURNS

Please seek to return items within 30 days of the date of your RMA request. Returns outside this timeframe may be accepted at the discretion of Neo Tokyo. Please note that RMA numbers requested after 7 days will also be granted at our discretion.

FAULTY GOODS

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Neo Tokyo, including advertisers. Neo Tokyo has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

PRIVACY POLICY

Neo Tokyo Ltd ("Neo Tokyo", "we", "our", "us") and its subsidiary companies respect the privacy rights of its online visitors ("you", "your", "yours") and recognise the importance of protecting the information collected about them. We have adopted a corporate wide Privacy Policy that guides how we collect, store and use the information that you provide us with. As part of our commitment to your privacy and security, our website has been certified by Cybertrust.
If you are under 16, we require that you inform a parent or guardian about Neo Tokyo's Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering with Neo Tokyo or placing an order with Neo Tokyo.
The following information is provided by Neo Tokyo to enable our online visitors to be fully informed of our Privacy Policies. By visiting neotokyo.com.au, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.
This Privacy Policy does not apply to websites maintained by other companies or organisations to which we link. Neo Tokyo is not responsible for any personal information you submit to third parties via our website. Please ensure that you read the Privacy Policy of such other companies or organisations before submitting your details.

WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND HOW?

Neo Tokyo collects personal information in several ways when you place an order, buy a gift voucher for a friend or register for a service offered by Neo Tokyo. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfil your order. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

WHAT ABOUT COOKIES?

Our site uses cookies to keep track of how often you visit our site, the contents of your shopping cart, previous purchases and to deliver content specific to your interests. (A cookie is a piece of information that is stored on your computer's hard drive by your web browser which tracks your movements within websites.) Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of our website, including the ability to purchase items. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

HOW THIS INFORMATION MAY BE USED, INCLUDING ANYONE IT MIGHT BE SHARED WITH

Neo Tokyo may use your personal information for the processing of orders, payments and to provide you with a personalised shopping experience. We will also use your details to fulfil and deliver your orders and manage your account. Your personal information may also be checked with credit agencies to prevent fraud and may be shared with other trading divisions within Neo Tokyo. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.

We may also use your personal information to send you marketing updates but only ever in accordance with your preferences (as detailed in the next section). We don't sell your details to third party marketing companies.
We do collate statistical information about site traffic, sales and other commercial information which we may pass on to trusted third parties but these statistics do not include any information which can identify you personally. We see this as a value-added service helping you to find useful products or services.
Finally, we may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve our site design to better meet our visitors' needs.
From time to time Neo Tokyo may employ third party business partners to collect personal information on Neo Tokyo 's behalf. In such cases, these third parties will be subject to confidentiality agreements and instructed by Neo Tokyo to comply fully with the Neo Tokyo Privacy Policy.

MARKETING OPT-IN AND OPT-OUT PROVISION

When you register, we will provide a link to the Privacy Policy and consent button for the collection of your personal data.
In addition, you will be given the option to opt-out of subscribing to:
(i) Our regular update service which will send you email alerts for new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. Such alerts may include marketing information about Neo Tokyo, our subsidiaries or selected business partners; and/or
(ii) One-off marketing promotions from us.
We don't sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by us/Neo Tokyo.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail.

HOW YOU CAN ACCESS AND IF NECESSARY, CHANGE THE PERSONAL INFORMATION NEo tokyo MAINTAINS

If for any reason you are concerned that the personal information held by Neo Tokyo is not correct, please visit the website and, after logging into the site using the "Sign In" menu on the home page, your personal information will be made available for review and change in the "My Account" section. Only you or, upon your request, the Customer Care department, may access your personal data from the website using your password and User ID. Information may be changed online within My Details, Shipping Details, and My Preferences. You can change or delete saved credit card details each time you make a purchase. You will also be able to delete saved credit card details by adding or editing a shipping/billing address. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through customer finance check.

SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

We will endeavour to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal information.

WHERE AND HOW TO ASK QUESTIONS OR FILE COMPLAINTS

If you require further information about our Privacy Policy, please go to the help section of the web site where FAQs are answered, if you require more information please go to the Contact Us section of the web site and send an e mail to the relevant neotokyo.com.au department. If you wish to talk to a Neo Tokyo customer care representative please call +61 3 9078 2458 or write to: c/o Customer Care, PO Box 2082 Fitzroy, VIC 3065 Australia