Terms of service

Welcome to Grails Apparel. In these Terms of Service, "we", "us" and "our" refer to Grails Apparel (ABN 65 124 200 365). We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the "Services"). Grails Apparel is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy and Refund Policy, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

1. Your Rights Under Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Where any provision of these Terms is inconsistent with such a right, that provision does not apply to you to the extent of the inconsistency.

2. Access and Accounts

By agreeing to these Terms, you confirm you are at least 18 years of age, or that you have the consent of a parent or guardian to use the Services.

To use the Services, including purchasing any products we offer, you may be asked to provide certain information such as your email address, billing, payment and shipping details. You confirm that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

3. Our Products

We make every effort to represent our products accurately. However, colours and product appearance may differ from how they appear on your screen depending on your device and its settings. Garment measurements may vary slightly between individual pieces, which is normal for embroidered garments.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person or region.

4. Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order is accepted. If we decline, change or cancel an order, we will attempt to notify you using the email address or phone number provided at the time of the order.

Your purchases are subject to return or exchange in accordance with our Refund Policy.

Our products are sold for your own personal use and not for commercial resale.

5. Prices and Payment

All prices are listed in Australian Dollars (AUD) and include GST where applicable. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. Posted prices do not include shipping unless expressly stated.

From time to time we may run promotions governed by their own terms and conditions. Where those terms conflict with these Terms, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate payment and account information for all purchases, and to promptly update that information as needed so we can complete your transactions and contact you.

6. Shipping and Delivery

We currently ship within Australia only. Full details are set out on our Shipping page.

All delivery times are estimates and are not guaranteed. Once we transfer your order to the carrier, we are not responsible for delays, loss or damage caused by the carrier, except to the extent required by the Australian Consumer Law. If your order arrives damaged, contact us within 48 hours of delivery with photographs of the packaging and garment and we will help you lodge a claim.

7. Intellectual Property

Our Services, including all trademarks, brand names, text, images, graphics, video, audio, garment designs, embroidery designs and artwork, and the design, selection and arrangement of them, are owned by Grails Apparel or our licensors and are protected by Australian and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish or transmit any material from the Services without our prior written consent. This includes our embroidery designs, artwork and photography.

The Grails Apparel name, logos, product names, designs and slogans are our trademarks. You must not use them without our prior written permission. Shopify's name, logo and product names are trademarks of Shopify. All other trademarks appearing on the Services belong to their respective owners.

8. Acceptable Use

You may access and use the Services for lawful purposes only. You must not use the Services for any unlawful or malicious purpose, to violate any applicable law, to infringe our intellectual property rights or those of others, to harass or harm any person, to transmit false or misleading information, to send unsolicited advertising or spam, or to impersonate any person or entity.

You also agree not to upload or transmit viruses or malicious code, to reproduce or resell any portion of the Services, to collect or track the personal information of others, or to use any robot, scraper, data extraction tool or automated process to access the Services in a way that interferes with their operation or circumvents their security features.

We reserve the right to suspend, disable or terminate your account at any time if we reasonably determine you have breached these Terms.

9. Third-Party Links and Tools

The Services may contain links to websites operated by third parties, and may provide access to tools offered by third parties. We are not responsible for the content, accuracy or practices of third-party websites, and we provide access to third-party tools "as is" without warranties or endorsement.

If you leave the Services to access third-party materials, you do so at your own risk. Please review the relevant third party's terms and policies before engaging in any transaction with them. Questions or complaints about third-party products or services should be directed to that third party.

10. Relationship with Shopify

Grails Apparel is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Grails Apparel. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Grails Apparel, including any injury, damage or loss resulting from purchased products.

11. Privacy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and third parties that may be located outside Australia.

12. Reviews and Feedback

If you submit any reviews, photographs, ideas, suggestions, feedback or other content to us, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that content in any medium for any purpose, including marketing and commercial use.

You confirm that you own or have all necessary rights to any content you submit, that it does not infringe the rights of any third party, and that it does not contain unlawful, abusive, defamatory or obscene material. We are under no obligation to keep submitted content confidential, to pay compensation for it, or to respond to it. We may, but are not obliged to, edit or remove content we consider objectionable or in breach of these Terms.

13. Errors, Inaccuracies and Omissions

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors and to change or update information, or cancel orders, if any information is inaccurate at any time without prior notice, including after you have submitted your order.

14. Disclaimer and Limitation of Liability

This section applies subject to Section 1 above and does not limit any rights you have under the Australian Consumer Law.

Information presented on the Services is provided for general information purposes. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

To the maximum extent permitted by law, and other than in respect of rights that cannot be excluded, we are not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, savings or data, arising from your use of the Services or any product purchased through them. Where we are permitted to limit our liability, our total liability to you is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or refunding the amount you paid for them.

15. Indemnity

You agree to indemnify and hold harmless Grails Apparel and Shopify, and our respective affiliates, officers, directors, employees, agents and service providers, from any losses, damages, liabilities or claims, including reasonable legal costs, arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services. This indemnity does not apply to the extent that the loss or claim results from our own negligence or breach.

16. Termination

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after any termination: Your Rights Under Australian Consumer Law, Intellectual Property, Reviews and Feedback, Disclaimer and Limitation of Liability, Indemnity, Governing Law, and any other provisions that by their nature should survive termination.

17. General

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity of the remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted on this site, constitute the entire agreement between you and us regarding your use of the Services, and supersede any prior agreements or understandings.

You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent. We may transfer or assign these Terms and our rights and obligations without notice to you.

18. Governing Law

These Terms of Service, and any separate agreements under which we provide you Services, are governed by the laws of the State of Victoria, Australia. You and Grails Apparel submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from them.

19. Changes to These Terms

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

20. Contact

Questions about these Terms of Service can be sent to us at info@grailsapparel.com.au.

Grails Apparel
ABN 65 124 200 365
Melbourne, Victoria, Australia
info@grailsapparel.com.au

Made for Life.