Terms of Supply
Acceptance of Orders
You warrant that all information you supply to us at the time of placing an order (Order) for products that are offered for sale by us through the Site (Products, gear) and in connection with an Order made using the Site, is true and correct.
By placing an Order you are offering to purchase a product on, and subject to the following Terms of Supply.
Your receipt of an order confirmation does not indicate our acceptance of your Order and it does not confirm our offer to sell. Black Milk has the right to accept or decline your Order at any time after receipt of your Order. All Orders placed must obtain pre-approval with an acceptable method of payment of Exclaire. We may require additional verifications or information before accepting any Order.
Exclaire reserves the right to refuse any Order without giving reason. If we cancel an Order, we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method of payment received.
We may correct any errors which appear on the Site and reject any Orders which have been received in connection with such errors.
Exclaire has the right to refuse or cancel any Orders placed for Products listed at the incorrect price.
Exclaire’s right to refuse or cancel any Orders will apply whether or not the Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, Exclaire will immediately issue a credit to your credit card account in the amount of the charge.
Prices displayed on the Site are shown in US dollars and include applicable taxes, where applicable. Prices are subject to change at any time.
Delivery costs will be charged in addition to the price of the Products.
Unless otherwise stated, any accessories shown in any image of Products are not included in the price.
Change of Address
Exclaire cannot be held responsible for an incorrect address being entered on your Order. If you complete your Order and then notice that the address details are incorrect, please contact Exclaire immediately. Once an order has been shipped we are unable to arrange a redirection to another address.
You must pay Exclaire for the Products at the time of placing your Order using the Site. Exclaire accepts Visa, MasterCard, PayPal and Afterpay (US (Mainland)n customers only). You must comply with the terms and conditions of these providers.
If you elect to pay by Visa, MasterCard or Maestro, charging or debiting of your payment card will only be made when you elect to pay for the items you have ordered at the end of the check-out. Prior to this step, your Order will not be recorded or processed.
Upon receiving your Order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. If the issuer of your payment card refuses to, or does not authorise payment for any reason, then you will be notified of this immediately prior to completing your purchase using the Site at the check-out stage. Your card will be debited once the Order has been accepted.
Please see PayPal for information on PayPal payments.
Exclaire does not convert the total price of Orders into other currencies. We will bill your credit or debit card or PayPal account in US (Mainland)n dollars and the card company or PayPal will convert the charges for you. If you have any questions about currency conversions please contact your bank or financial institution.
The actual price charged to overseas customers will be subject to the exchange rate applied by the customer’s credit or debit card company.
Customers outside US (Mainland) may also be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. UPS may also charge a handling fee. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country. Therefore we suggest that you check the requirements in your country before placing an order. We will not be liable for any custom or import duties.
If you refuse to pay these fees you are also refusing your parcel. If this happens, UPS may destroy your parcel. We cannot be held accountable for any packages destroyed by UPS and your order will not be refunded. If you contact UPS and refuse your parcel, UPS will let us know.
If we do have your parcel sent back to us instead of being destroyed, we unfortunately must charge you for the shipping costs we are charged to have your parcel sent back, along with any duties and taxes charged on that parcel. This can cost upwards of $100, but it will depend on the weight of your parcel and duties fees. We won’t know how much these charges will be until it is shipped back to us.
Account discount codes may be offered to account holders from time to time. These discount codes are only redeemable by the registered account holder and are only available for use until the lapse of the expiry date of those discount codes.
Promotional discount codes may be offered from time to time on certain products. These discount codes will be available for a limited amount of time only.
The entire amount of any discount code must be used in one single transaction. Refunds will not be given for any leftover value. Discount codes do not cover the cost of shipping.
Your credit card details are not stored by the Site, they are passed securely through eWAY’s online payment gateway. All supplied sensitive credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database.
When placing an order, you undertake that you are an authorised user of the credit or debit cars used to place your order. If you are not the cardholder listed on the credit card, do not make a purchase using the Site. Black Milk will report any instances of credit card fraud to the US (Mainland)n Police and banking authorities.
In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud.
If you receive a product that you are unhappy with, you may return the item to Exclaire within 100 days of your order date and we will offer you a store credit or refund for the purchase price of the item. The purchase price is the amount you paid for the Product and does not include any delivery costs. Please note sale and museum release items cannot be returned as per the Terms and Conditions stated on the product page.
If you wish to exchange a Product, you will be given a store credit that you will be able to use towards your next order. Please be aware that any purchases made with store credits are processed as a new order and standard postage costs and delivery times will apply.
All items returned to us must be returned in the original condition – unworn and unwashed. We will not be able to accept any items for return which are not in the original condition.
You are responsible for postage costs of returning the item. We recommend using registered mail to return items, as Exclaire is not liable for any items lost in the post.
If you have received a Product which is faulty or defective please contact us at we@Exclaire.com
Under Exclaire’s policy for defective or faulty items, you may return your Products to us if the Products (among other things):
(a) are or become faulty through no fault of your own;
(b) are not fit for a stated purpose or a purpose you made known to our sales staff; or
(c) don’t match the description for them.
Any Product returns must be made within a reasonable period of time and you will be asked for proof of purchase. In the event of items determined defective or faulty by the Exclaire returns staff, Exclaire will cover postage costs.
Limitation of Liability
To the extent not prohibited by law, in no event shall Exclaire be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Products, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Exclaire has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Exclaire’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you have actually paid to Exclaire for the Products. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Shipping & Delivery
We aim to process your order within 48 business hours of it being placed.
Exclaire only ships orders Monday to Friday, during office hours, and does not operate on public holidays.
Please note that most of our products are made to order especially for you, so dispatch times may vary according to availability. Made To Order (MTO), Fun Times Friday, Capped Presale and 48HR items generally take up 10 business days to make.
Following release days Exclaire may take a few extra days to catch up on processing orders. Your patience is appreciated.
Exclaire will email you to confirm the order and again at the time of dispatch.
Once an order has left the Exclaire facility, it is in the care of US (Mainland) Post, UPS, and your local postal service. Exclaire is not liable for any errors made by these services.
Once you have received your parcel, please open it with care. Exclaire is not liable for any items damaged during the opening of your parcel.
The estimated delivery time of orders within US (Mainland) is 1-3 business days after shipment. Your orders are shipped using Express Post. The standard postage cost of orders within US (Mainland) is $4.95 for orders under $100 and free over this amount.
Each parcel is able to be traced and does not require a signature upon delivery. If you are not available when the package is delivered, it will be left in a safe place such as the letterbox or at the front door. If you won’t be present at the delivery time, and would prefer for your parcel not to be left in a secure place without a signature, please contact we@Exclaire.com within one hour of placing your order to request we place a note on your order requesting that your parcel should not be safe dropped. This way, a note will be left and you will be required to pick up the package from the US (Mainland) Post Office.
To confirm shipping times based on your postcode visit, US (Mainland) Post.
Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
For international orders, you may have the option to select Standard or Express delivery services. Standard Delivery is not available to all counties and this is something outside Exclaire’s control. If Standard Delivery is not available to your country, you must select the Express Delivery shipping option.
In some countries, customs or import duties may be charged. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot provide an estimate of what they may be. Customs policies vary widely from country to country, please contact your local customs office for further information. To estimate your shipping charges click the link on the product page.
Standard Delivery uses US (Mainland) Post and overseas postal services. There is basic tracking service available with this option. The estimated delivery time is 1-4 weeks after shipment depending on location.
Once your parcel has arrived in your country, standard shipping parcels will be passed on to the internal postal service, according to standard delivery procedures.
This service does not provide insurance, and is chosen at your own risk. If you use the Standard Delivery service, we cannot be held liable for any lost items.
Please note: Sometimes standard international delivery can take up to 6 weeks to be delivered. If your parcel hasn’t arrived within 5 weeks of shipment, feel free to email WE@EXCLAIRE.COM WE@EXCLAIRE.COMand let us know; however we will not declare a parcel officially missing until after 6 weeks post-shipment.
Express Delivery uses UPS, a service for which delivery of packages will be traced. The estimated delivery time is 2-5 business days after shipment. Customers that have selected UPS Express Shipping will receive a separate email from UPS containing their tracking number. All UPS parcels will be marked at full value as is legally required.
UPS will try delivering for 3 consecutive business days. If unsuccessful, UPS will notify us to help contact the customer for an alternative option such as redirection/return to sender. If we cannot contact the customer within 5 business day the package will be destroyed by UPS. We cannot be held accountable for any packages destroyed by UPS.
We recommend using Express Delivery so you are able to track the progress and location of your order. If you use the Standard Delivery service, we cannot be held liable for any lost items.
Please note, UPS do not deliver to a PO BOX address or military addresses. Please use a residential address, or work address where you will be available to receive your parcel.
US (Mainland) Consumer Law
In US (Mainland), statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth) give you rights which cannot be excluded, including consumer guarantees as to merchantability, fitness for purpose, supply by description, repairs, and title. The preceding terms of supply are subject to the rights you have under that legislation.
If Exclaire is liable to you under the Competition and Consumer Act 2010 (Cth) or similar state legislation, to the extent to which Exclaire is entitled to do so, Exclaire limits its liability in respect of any claim under those provisions to: in the case of goods, at Exclaire’s option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Exclaire’s option: the supplying of the services again; or the payment of the cost of having the services supplied again.
Gift Cards/Gift Certificates/Gift Vouchers
We may from time to time offer Exclaire gift cards/gift certificates/gift vouchers for our customers to purchase on the Site. Use of such Exclaire gift cards/gift certifications/gift vouchers is subject to the following terms and conditions:
- Unless otherwise specified, Exclaire gift cards/gift certificates/gift vouchers purchased on the Site can only be redeemed toward Product purchases made on the Site.
- Exclaire gift cards/gift certificates/gift vouchers cannot be used to purchase other Exclaire gift cards/gift certificates/gift vouchers.
- Promo codes and discounts do not apply to the purchase of Exclaire gift cards/gift certificates/gift vouchers.
- Exclaire gift cards/gift certificates/gift vouchers cannot be redeemed for cash except where required by law.
- Exclaire gift cards/gift certificates/gift vouchers are not reloadable.
- Any remaining, unused value on Exclaire gift cards/gift certificates/gift vouchers will be stored and available for your next purchase until depleted.
- We do not charge maintenance fees on unused balances of Exclaire gift cards/gift certificates/gift vouchers.
- Gift vouchers are valid for 12 months from the date of issue and will expire if not used within this time period.
- Please safeguard Exclaire gift cards/gift certificates/gift vouchers as you would with cash. We cannot replace or replenish Exclaire gift cards/gift certificates/gift vouchers that are lost, stolen, or used without authorization.
- Resale of Exclaire gift cards/gift certificates/gift vouchers is strictly prohibited.
- If Exclaire gift cards/gift certificates/gift vouchers are canceled for any reason, any remaining, unused balances will be refunded to the purchasers.
19749 Dearborn St.
Chatsworth, California 91311
Phone: +1 (818) 351-7181