Terms of service
Last Updated: 24/07/2024
Welcome to Xyris Clothing! These Terms of Service ("Terms") govern your access to and use of our website and services, including any content, functionality, and services offered on or through xyrisclothing.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms. Please read them carefully
1. General Conditions
1.1 Acceptance of Terms:
By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Website.
1.2 Eligibility:
You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
1.3 Changes to Terms:
We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
2. Orders and Purchases
2.1 Product Descriptions:
We strive to ensure that the product descriptions, images, and prices listed on the Website are accurate and up-to-date. However, we do not warrant that the product descriptions, images, or prices are error-free, complete, or current. In the event of any discrepancy, please contact us.
2.2 Order Acceptance:
All orders placed through the Website are subject to acceptance by Xyris Clothing. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity.
2.3 Pricing and Payment:
Prices are listed in AUD and are subject to change without notice. Payment must be made at the time of purchase using the payment methods provided on the Website. You agree to provide accurate and complete payment information and authorize us to charge your chosen payment method for the total amount of your order.
2.4 Shipping and Delivery:
We offer free standard shipping within Australia and a flat rate for shipping to New Zealand. Delivery times are estimates and may vary depending on your location and other factors beyond our control. We are not responsible for delays in delivery caused by third-party carriers or events beyond our control.
2.5 Preorders:
For items available for preorder, production will begin after preorders have closed. Estimated shipping dates will be provided at the time of purchase, with production, shipping, and handling generally taking 2 to 3.5 weeks before your order is shipped out to you. We will keep you updated on the status of your preorder and notify you once your item has been shipped.
3. Returns and Exchanges
3.1 Return Policy:
We offer one free exchange per order for all Australian customers within 28 days of delivery. Items must be unworn, unwashed, and in the original packaging with tags attached. For more information on returns and exchanges, please refer to our Return Policy.
3.2 Refunds:
Refunds will be processed to the original payment method within 5-10 business days after receiving and inspecting the returned items. Shipping fees are non-refundable.
4. Intellectual Property
4.1 Ownership:
All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Xyris Clothing or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4.2 License:
You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You agree not to reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content on the Website without our prior written consent.
5. User Conduct
5.1 Prohibited Activities:
You agree not to engage in any activities that are unlawful, harmful, or disruptive to the Website or its users. Prohibited activities include, but are not limited to:
- Engaging in fraudulent or deceptive practices
- Impersonating any person or entity
- Interfering with the security or performance of the Website
- Attempting to gain unauthorized access to the Website or its systems
- Uploading or transmitting viruses or other malicious code
6. Privacy Policy
6.1 Data Collection:
We collect and process personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer of Warranties:
The Website and its content are provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the Website or its content, including but not limited to the accuracy, reliability, or availability of the Website.
7.2 Limitation of Liability:
To the fullest extent permitted by law, Xyris Clothing and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Website or these Terms.
8. Indemnification
8.1 Indemnification:
You agree to indemnify, defend, and hold harmless Xyris Clothing and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising from or related to your use of the Website or violation of these Terms.
9. Governing Law and Dispute Resolution
9.1 Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.
9.2 Dispute Resolution:
Any disputes arising from or related to these Terms or the use of the Website shall be resolved through binding arbitration in accordance with the rules of the [Australian Centre for International Commercial Arbitration (ACICA) or another preferred arbitration provider]. The arbitration shall take place in Melbourne, Victoria, and the award may be entered in any court having jurisdiction in Victoria, Australia.
10. Miscellaneous
10.1 Severability:
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.2 Entire Agreement:
These Terms constitute the entire agreement between you and Xyris Clothing regarding the use of the Website and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
10.3 Contact Information:
If you have any questions or concerns regarding these Terms or the Website, please contact us at:
Xyris Clothing
Support@xyrisclothing.com