GENERAL TERMS & CONDITIONS
1. Interpretation and General Terms
1.1 “Australian Consumer Law or ACL” means the Competition and Consumer Act 2010.
1.2 “Customer” or “You” shall mean the person accessing Styld.’s Website or named on any invoice provided by Styld. to the Customer or You or as otherwise specified on these Terms and Conditions, being the person for whom Products and services are provided, and includes any person acting with the apparent authority of the Customer.
1.3 “Terms and Conditions” means these terms and conditions of purchase which are intended to be read in conjunction with Styld.’s Website Terms of Access, Privacy Policy, Returns Policy, and any terms and conditions specified on the invoice issued to the Customer or any other warranty documentation or other documentation provided by Styld..
1.4 “Purchase Price” means the price (inclusive of GST) payable by the Customer to Styld. for the Products and any services performed, including the amount as stated on any tax invoice issued to the Customer.
1.5 “Products” means the goods or products provided, or due to be provided to the Customer or services performed for the Customer of any kind, as requested by the Customer.
1.6 The singular number includes the plural and vice versa. Words importing the masculine gender only include the other genders. Words importing persons include companies and corporations and trusts and vice versa.
1.7 Where more than one person is the Customer, those persons shall be jointly and severally liable hereunder and each person comprising the Customer will be deemed to have the authority of all of them.
1.8 Where a Customer is the trustee of any trust, they are bound to these Terms and Conditions in their personal capacity, and as trustee of the relevant trust, and agree to exercise any rights of indemnity in favour of Styld..
1.9 Notwithstanding any change of the trading structure of the Customer, the Customer will remain liable for all Products provided or to be provided and Products requested by either the Customer or the Customer’s agents, employees or contractors and Styld. may invoice the Customer directly for all charges incurred, until the Customer finalises all accounts with Styld. and provides notice that the Customer no longer wishes to have an account.
1.10 Any order of Products or presumed order of Products and/or services will be a deemed acceptance of these Terms and Conditions.
1.11 If a provision of this document is illegal or unenforceable, then that word or those words are read down. If reading down is not possible, that word or those words are severed; and in any other case, the whole provision is severed, and the remainder of this document continues in force.
1.12 The failure for any period whatsoever of Styld. to exercise any right or remedy which they may hereafter have at law against the Customer shall not be an abandonment or waiver of any right or remedy.
2. Offer, Acceptance and Withdrawal, and Obligations of Styld.
2.1 All quotations made by Styld., unless stated to be fixed, are estimates only. All orders are subject to acceptance by Styld. and are irrevocable by the Customer. Subject to clause 2.2, by accepting orders to provide Products, Styld. will devote its time and ability to providing the Products.
2.2 Styld. may, at any time, refuse to provide any further Products or services, or extend any credit, despite the acceptance of any offer or any application.
2.3 Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
2.4 Any styling advice services provided to the Customer by Styld. are given on an ‘as is’ basis.
3. Time for completion of Products, Delivery & Inspection
3.1 Whilst Styld. will use reasonable endeavours to complete and deliver Products, or obtain Products for sale by the time specified to the Customer, Styld. accepts no responsibility, and the Customer is not entitled to compensation or to bring any claim if the Products are not complete in the time specified because the Products are not available at the time specified, or at all. Styld. is not liable for any loss to the Customer because of a failure to complete or deliver Products in these circumstances. For the avoidance of doubt, although Styld. will use reasonable endeavours to procure the delivery of the Products in a timely manner, it does not provide any guarantees as to estimated shipping and delivery times. Accordingly, You agree to release Styld. from any claims arising from or in connection with estimated shipping and delivery times.
3.2 If Styld. provides the Customer with a written quote as to an estimated date of completion of Products and/or supply services or delivery of Products and/or supply services, this clause applies. If the Products and/or supply services are not completed, or the Products and/or supply services have not arrived, within three (3) months of the date as quoted by Styld., then either party may terminate the engagement to perform the Products and/or supply services, unless the delay is due to an event beyond the reasonable control of Styld., whereby the completion of Products and/or supply services or delivery of the Products and/or supply services will be delayed until a reasonable time after such event. Any Products and/or supply services performed to that date, or Products and/or supply services supplied to that date, must be paid. Termination is the Customer’s only remedy.
3.3 If the Products are to be collected, then the Customer will be notified when Products are ready for collection. Should the Customer refuse, be unable to, or not take delivery of the Products within fourteen (14) days of being notified that the Products are available, Styld. may retain any monies already paid by the Customer by way of pre-estimated liquidated damages, terminate the agreement between the parties and exercise any other rights available at law or under this agreement.
3.4 If the Products are to be delivered, you will ensure access at the delivery location. If there is no one present at the delivery location to receive the Products, we will, unless instructed to leave the Products at a specific location at the delivery address, return the Products back to our premises or a premises as designated by the party delivering the Products (in which case you will be responsible for any additional return and re-delivery expenses). If you authorise Styld. to leave the Products at a designated location within the delivery address, you acknowledge that the Products are left at your risk.
3.5 Where in any case a person who, so far as Styld. is reasonably aware, has the authority to collect the Products, collects the same, Styld. shall not be responsible for any loss or damage resulting, on the grounds that such person had in fact no such authority, even if payment has already been made. It shall not be an obligation of Styld. to seek confirmation from the Customer of the person’s apparent authority; however it may choose to do so.
3.6 You agree and acknowledge that the risk in the Products will transfer from Styld. to You either on collection by you of the Products or delivery of the Products to the address provided by you (whichever occurs first).
3.7 If the Products are to be delivered and delivery of the Products are attempted but delivery is unable to occur due to You providing incorrect or incomplete delivery address details, we will return the Products back to our premises or a premises as designated by the party delivering the Products (in which case you will be responsible for any additional return and re-delivery expenses).
3.8 You or your agent, employee or contractor must conduct a thorough visual inspection of the Products (individually) on delivery and prior to the use of the Products. If upon such inspection, any Products are damaged, wrongly supplied or not in accordance with any tax invoice or these Terms and Conditions, the Customer may return those Products in accordance with these Terms and Conditions and the Returns Policy.
3.9 The Customer must within two (2) days of delivery notify Styld. in writing of any evident defect or damage, excess or shortage in quantity, or failure to comply with the description, sales quote or sample (where any of these were provided prior to acceptance of any quote or offer given from Styld. to the Customer). The Customer must notify any other alleged defect in the Products as soon as reasonably possible after any such defect becomes evident.
3.10 Subject to the provisions of clause 8, the Customer agrees that the act of use of the Products constitutes the Customer’s full and unconditional acceptance and approval of all characteristics of the Products in all regards.
4. Payment
4.1 The Customer must pay the full purchase price of the Products plus any shipping fees and credit card charges applicable immediately on purchase unless otherwise specified on any invoice provided by Styld. to the Customer.
4.2 Unless otherwise agreed to between the parties in writing, where the Products are ordered specifically for a Customer, the Customer must pay 100% of the full purchase price plus any shipping fees and credit card charges applicable at the time they place an order.
4.3 Where Products are ordered pursuant to clause 4.2, the order cannot be cancelled once it has been made. For the avoidance of doubt, notwithstanding the cancellation or the purported cancellation of any order, the purchase price of the Products is due and payable when the order is made.
4.4 Interest will accrue on any amounts outstanding from the date payment is due, at the rate of 1.5% per month until payment is received.
4.5 A certificate signed by a Director, manager, accountant, secretary, or accounts manager of Styld. in respect of any sale or delivery or price of any Products or the provision or price of any Products by Styld. or the amount due and owing or payable to Styld. in respect of the sale of or provision of Products or on any account whatsoever as at the dates set out in the certificate shall be prima facie evidence of the facts stated therein.
4.6 The term as to the payment shall be of the essence.
4.7 The Customer must pay any shipping costs applicable for purchase of the Products immediately on purchase.
4.8 The shipping costs applicable to a Customer’s purchase will be applied to the purchase price once all delivery address and delivery method information are provided.
4.9 Payments made by way of credit card will incur an additional fee for credit card charges. All credit card charges are additional to the full purchase price of all products and shipping costs payable by You. The credit card charges will be charged by Shopify immediately on purchase.
4.10 Unless otherwise specified, all amounts are in Australian Dollars (AUD).
4.11 The Customer agrees to the use of any payment platform on Styld.’s website and agrees to the terms and conditions associated with that payment platform.
5. Title
5.1 Notwithstanding the delivery of the Products or part thereof, all Products sold by Styld. in the possession of the Customer, remain the sole and absolute property of Styld. as full legal and equitable owner until such time as the Customer has paid Styld. the full price of such Products together with the full price of all other Products supplied and services performed by Styld. for the Customer (“all monies”).
5.2 The Customer acknowledges that they receive possession of and hold Products delivered by Styld. solely as bailee for Styld. until such time as all monies have been paid.
5.3 Until such time as the Customer becomes the owner of the Products, they will:
5.3.1 Store them on their premises separately and in a readily identifiable condition;
5.3.2 Ensure that the Products are kept in good and serviceable condition;
5.3.3 Secure the Products from risk, damage and theft; and
5.3.4 Keep the Products fully insured.
5.4 The Customer may resell the Products only as a fiduciary agent of Styld., provided that such resale is at arm’s length and for market value. The Customer must not bind and has no authority to bind Styld. to any liability with any third party.
5.5 The Customer agrees that if they use the Products in a manufacturing process (which includes using the Products to manufacture other products or by incorporating the Products in or with other products) of its own or a third party, then the Customer holds such part of the proceeds of sale as relates to the Products on trust for and as a bailee and fiduciary agent of Styld., who will be entitled to payment on demand. ‘Such part’ shall be deemed to equal in dollar terms the amount owing by the Customer at the time the Products are processed.
5.6 The Customer must hold the proceeds of any sale of the Products in a separately identifiable account for the benefit of Styld., who shall be entitled to payment on demand. Upon request, the Customer must assign its rights to receive the sale price in respect of the Products purchased to Styld..
5.7 If the Customer does not pay for any Products on the due date then Styld. and its agents and employees are hereby irrevocably authorised by the Customer to enter the Customer’s premises (or any premises under the control of the Customer or as agent of the Customer in which the Products are stored) and use reasonable force to take possession of the Products without liability for the tort of trespass, negligence, assault or battery, or for any damage at all caused, or payment of any compensation to the Customer. Styld. may then dispose of the Products or sell them in any way it deems fit.
6. Risk and Insurance
6.1 Risk in Products sold passes to the Customer upon notification by Styld. that the Products have been successfully delivered to the Customer’s nominated delivery address or at the time that the Customer collects the Products from Styld., or if a later time is mandatory by law, at such later time.
6.2 Where Styld. leaves Products at the premises of the Customer, the Products are at Customer’s sole risk. The Customer should ensure that all insurance policies in respect of the Customer’s property are up to date, and adequate. Styld. accepts no responsibility for damage, theft or loss to the Products left at the Customer’s premises.
7. Uncollected Products
7.1 Styld. may charge the Customer a fee equal to 2% of the price payable for the Products per week if the Customer fails to collect or organise collection or delivery of the Products within 2 weeks of Styld. notifying or attempting to notify the Customer that the Products are available.
7.2 If the Customer fails to make payment or fails to take delivery of the Products in accordance with clause 7.1 of these Terms and Conditions, then in addition to any other rights available, Styld. may take any action allowable by the Disposal of Uncollected Goods Act 1967 (as subsequently amended, replaced or superseded).
7.3 In addition to Styld.’s rights under clause 7.2 and subject to clause 7.1 of these Terms and Conditions, if any of the Customer’s Products are not collected or delivered, the amount recoverable from the Customer will be increased by the amount actually expended or incurred in transporting, storing, placing on hard stand, insuring and any other costs in Styld. holding the Customer’s Products until they are collected or sold. In this respect, all advertising, selling, legal, Court and other costs are recoverable from the Customer and from the sale price of the Customer’s Products, on an indemnity basis.
7.4 If indebtedness to Styld. is not satisfied within three months from any account/invoice falling due, Styld. may without notice and without being liable for conversion (subject to the law), sell any of the Customer’s Products by public auction or private treaty. The net proceeds of the sale shall be applied towards satisfying monies due to Styld., and any balance shall be paid to the Customer.
8. Return of Products, Warranty and Characteristics of Products
8.1 Where Products supplied or services performed are subject to the Australian Consumer Law, then the Products come with guarantees that cannot be excluded under the Australian Consumer Law. If the Australian Consumer Law applies, then the Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and the Customer is also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
8.2 In addition to any rights the Customer has at law, the Customer shall be entitled to the benefit of any warranty as described on Styld.’s Website, Returns Policy or these Terms and Conditions.
8.3 Subject to the law, in order to be entitled to refund or replacement the Customer must make a valid claim with Styld. within 3 business days after receiving the Products.
8.4 Apart from those mandatory at law and those warranties specified on Styld.’s Website, Returns Policy or these Terms and Conditions, no warranties are given to the Customer in respect of the Products supplied or the services performed, and Styld. is not liable to the Customer or any other person for any loss or damage whatsoever. Warranties can only be claimed if full payment has been made.
8.5 Subject to the law, any repairs, maintenance or alterations performed on any Products by any person (including the Customer) other than Styld. will cause any warranty to void immediately upon such acts being conducted.
8.6 To the extent possible, any valid claim by the Customer for the performance of a warranty or breach of a statutory obligation is limited to one of the following, at the election of Styld.:
8.6.1 In the case of Products: A refund of the purchase price paid for the Products or the issue of a credit note, a replacement of the Products or supply of equivalent Products, the repair of the Products or the payment of any of the aforementioned;
8.6.2 In the case of services: the performance of the services again, or the cost thereof.
However if the Products installed or replaced are more expensive, the Customer must pay the difference.
8.7 In relation to any services performed for the Customer by Styld. which involve any artistic work, input, expression or styling, the Customer accepts and agrees that there may be differences to exactly what has been drawn for the Customer, or ordered by the Customer. Styld. shall not be liable to the Customer for any difference in final result due to Styld. exercising a degree of artistic or design creativity or expression, provided that Styld. uses reasonable endeavours to perform the services in the manner as generally requested by the Customer.
8.8 The Customer acknowledges that Products, supplied by Styld. may contain, display or be subject to any one or more of the following characteristics:
8.8.1 Spots, specks and blemishes;
8.8.2 Variations in colour, shade, size, pattern, marking, texture, durability, density, weight, dimension and finish, and may fade or change colour over time;
8.8.3 Optical effects at varying light sources and at differing angles.
8.9 As there is often a variance in the characteristics (as outlined in clause 8.8) between batches of Products, Styld. cannot and will not guarantee that those characteristics of different batches of the same Products will have the same or similar characteristics (due to the nature of the Products). As such, you agree to release Styld. from any claims in relation to variations to characteristics between different batches of the Products.
8.10 The Customer acknowledges that Products which contain, display or are subject to any one or more of the characteristics referred to in clause 8.8 are not defective or of unacceptable quality by reason of any of those characteristics.
8.11 In addition to clause 8.8 and in conjunction with clause 8.9, the Customer agrees that Products will be deemed not to be defective if:
8.11.1 They are subject to minor omissions or minor defects which do not substantially affect normal use of the Products;
8.11.2 The Customer fails to comply with the use and/or maintenance guidelines provided by Styld. or the manufacturer of the Products or any applicable Australian Standards or other set standards for products of the like;
8.11.3 Any faults or damages to the Products are caused or contributed to by the Customer, including by:
8.11.3.1 Damage during transport, handling or storage;
8.11.3.2 Improper or inadequate storage, including exposure to moisture;
8.11.3.3 Failure to design, use or maintain the Products in accordance with manufacturer’s directions and guidelines, and relevant Australian Standards;
8.11.3.4 Inappropriate use of or exposure to chemical agents, fumes, liquids or solids, including inappropriate mechanical polishing or acid cleaning; or
8.11.4 Any faults or damage to the Products caused or contributed by any natural disaster.
8.12 The Customer agrees to return the Products to Styld. to inspect the Products as part of the warranty registration process and to inspect and/or conduct tests deemed necessary by Styld. if a claim is made against Styld..
9. Default
9.1 Upon the occurrence of a default by the Customer of any of these Terms and Conditions, without prejudice to any other right or remedy which is available to Styld., the Customer hereby indemnifies Styld. against any costs, fees, charges and disbursements charged by any mercantile or collection agent or solicitor engaged for the purpose of the collection or recovery or attempted recovery of monies due and payable by the Customer to Styld. on an indemnity basis and all such costs shall be recoverable as a liquidated debt.
9.2 Should the Customer die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws, or being a company, appoint an external controller, Styld. may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights, suspend or cancel any current agreement with the Customer or require immediate payment of all monies notwithstanding the term of payment previously specified, in which case those monies will become immediately due and owing.
10. Notices
10.1 Styld. may, in addition to any manner stated at law, serve notice on the Customer in the following ways:
10.1.1 By sending a notice by post to the Customer at the address as specified by the Customer or Customer’s agent/representative;
10.1.2 By emailing the Customer at the Customer’s email address as specified by the Customer or Customer’s agent/representative;
10.1.3 In the case of notifying the Customer that Products are ready for delivery, by emailing or telephoning the Customer or Customer’s representative and if they do not answer, leaving a message on the answering machine or voicemail service.
10.2 Notice will be deemed given in the case of post, on the second business day after posting, in the case of email, upon the email being sent (provided no undeliverable receipt is received) and in the case of phone when the conversation is had or message left.
11. Dispute Resolution
11.1 In the event of a dispute arising out of or in connection with these Terms and Conditions and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by Styld. and the Customer, both parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation, however the mediation/attempt at mediation need not last longer than 28 days.
12. Entire Agreement
12.1 The Terms and Conditions, Website Terms, Privacy Policy and Returns Policy are the entire agreement between the parties.
13. Guarantee and indemnity
13.1 Upon acceptance of these Terms and Conditions, and where the Customer is a company, the Director or Directors of the company must personally guarantee the Customer’s performance of any obligations under these Terms and Conditions or any other agreement entered between the Customer and Styld.. The Director or Directors (referred hereon in this clause 13 as the “Guarantor”) agree to give this guarantee and indemnity to Styld., in consideration of it entering into these Terms and Conditions with the Customer.
13.2 The Guarantor:
13.2.1 hereby irrevocably and unconditionally guarantees to Styld. the due and prompt performance by the Customer of all its obligations, under these Terms and Conditions, including any variation to them from time to time; and
13.2.2 as a separate undertaking, agrees to unconditionally and irrevocably indemnify Styld. against all liability, damages, costs, expenses and losses (including indirect and consequential losses) of any kind and however arising (including penalties, fines, interest or legal fees on a full indemnity basis) which Styld. may suffer as a result of:
13.2.2.1 Any default or breach by the Customer of these Terms and Conditions;
13.2.2.2 A breach by the Customer of a promise, representation, warranty or the like by the Customer in these Terms and Conditions, including any promise, representation, warranty or the like which was incorrect or misleading when made;
13.2.2.3 Any failure by the Customer to observe a term or obligation of these Terms and Conditions;
13.2.2.4 The Customer having no obligations, being relieved of any obligations or any obligations of the Customer becoming unenforceable under the Agreement.
13.3 The Guarantor will not be released from this guarantee by any arrangement made between Styld. and the Customer or any other party with or without their consent. Such arrangement includes, but is not limited to, any variation in Styld.’s or the Customer’s rights or obligations, or any forbearance, whether as to time, performance, or otherwise.
13.4 Styld. shall be able to recover from the Guarantor all its costs and expenses of attempting to enforce these Terms and Conditions against the Customer and these Terms and Conditions against the Guarantor themselves.
13.5 The liability of the Guarantor shall not be affected by reason of the fact that these Terms and Conditions are void, voidable or unenforceable for any reason whatsoever, or is rescinded or terminated for any reason whatsoever.
13.6 Notwithstanding that as between the Guarantor and the Customer the Guarantor may be a surety only, if the liability of the Guarantor to Styld. is in issue in proceedings:-
13.6.1 the Guarantor shall be deemed to be principal debtor and contractor jointly and severally liable with the Customer to discharge the obligations under these Terms and Conditions and this clause; and
13.6.2 the Guarantor shall not be entitled to raise any defence based upon an allegation (express or implicit) that its position as against Styld. is that of promisor or surety.
13.7 The Guarantor hereby waives all or any of its rights as surety (legal, equitable, statutory or otherwise) which may at any time be inconsistent with any of the provisions of this clause/guarantee.
13.8 Styld. is not required to enforce its rights (or any of them) against the Customer under these Terms and Conditions or make any claim against the Customer in respect of a breach of these Terms and Conditions by the Customer or incur any cost or expense or take Court action in respect of such breach before enforcing its rights against the Guarantor.
13.9 If more than one person is the Guarantor they are bound jointly and severally.
14. General
14.1 Styld. may amend these Terms and Conditions including its Website Terms of Access, Privacy Policy and Returns Policy without notice to the Customer in which event such amended conditions shall apply to all future dealings between Styld. and the Customer. The latest version of these Terms and Conditions will be available on Styld.’s website.
RETURNS TERMS & CONDITIONS
1. Subject to ACL and Terms and Conditions
1.1. This policy must be read in conjunction with and is subject to Styld.’s (‘we’, ‘our’) standard trading terms and conditions, and in particular clause 8 of those standard trading terms and conditions.
1.2. If any products supplied or services performed are subject to the Australian Consumer Law, then those products or services come with guarantees that cannot be excluded under the Australian Consumer Law. If the Australian Consumer Law applies, then the Customer (‘you’, ‘your’) are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and you are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.
2. Returns
2.1. Please choose carefully. As arrangements by us for the product to be available are acted upon quickly, we do not offer a change of mind refund, return, exchange or cancellation.
2.2. We will allow you to return a product or provide a refund if the law requires us to do so. Generally, you are entitled to a refund or replacement product in the following circumstances:-
(a) The product has a problem that would have stopped someone from buying it if they had known about the said problem;
(b) The product is unsafe;
(c) The product is significantly different from the sample or description; and/or
2.3. All items returned must be returned in original, unused condition. We do not provide refunds or exchange of products for products that have been used.
2.4. If you think that you are entitled to a refund or replacement product then in order for us to assess this, we require the following to be provided:-
(a) Your contact details;
(b) Order number and/or a copy of the packing slip;
(c) Written reason for your requested refund/replacement;
(d) Evidence of the defect/issue supported by photograph/s; and
(e) Confirmation that all items will be returned in original, unused condition;
within three (3) business days after delivery of the product to you. After this period of three (3) business days, if a claim has not been made then you agree that you accept each product in the state as delivered/collected.
Once we receive the above information then within a reasonable time afterwards (we aim to do this promptly and in any event within 7 days after receiving all information), we will advise whether we require further information and/or will provide a preliminary assessment of your claim.
If we request further information and/or the opportunity to inspect the product, then you must assist us by providing the information and allowing an inspection during normal business hours.
2.5. If our initial assessment pursuant to clause 2.4 is that you are entitled to a refund or replacement and:
(a) you choose to receive a refund or credit note, then:
2.5.a.1. we will, at our election, either arrange pay the cost of a third party as elected by us (if only, the product is deemed faulty) otherwise the goods are to be returned at customers expense and;
2.5.a.2. if once we receive the product we determine that you are entitled to a refund (or if you choose a credit note), then we will reimburse you or issue the credit note once we receive the product returned in original condition. In most cases, the return refund will appear on your next credit card statement in the next regular billing cycle.
(b) you request a replacement, then:
2.5.b.1. we will, at our election, either arrange collection of the product from you (and you must follow any reasonable requests from us for this to occur) or pay the cost of a third party as elected by us to ship the product to us; and
2.5.b.2. if once we receive the product we determine that you are entitled to a replacement we will be responsible for the costs of delivering the product to you within a reasonable time at the original place of delivery, however if we are unable to source the same product we will provide a refund in lieu.
(c) upon receipt of the returned product, it is determined that you are not entitled to a refund or replacement, you must reimburse us for the costs incurred by us in either collecting the product from you or paying a third party to do so and any other fees incurred in restocking the product, and promptly arrange for the product to be collected from us.
3. Exclusions
3.1. You acknowledge that the products supplied by us may contain, display or be subject to any one or more of the following characteristics:
(a) Spots, specks and blemishes;
(b) Variations in colour, shade, size, pattern, marking, texture, durability, density, weight, dimension and finish, and may fade or change colour over time;
(c) Optical effects at varying light sources and at differing angles.
3.2. As there is often a variance in the characteristics (as outlined in clause 3.1) between batches of products, we cannot and will not guarantee that those characteristics of different batches of the same product will have the same or similar characteristics (due to the nature of the product), and you cannot seek a refund and/or replacement in relation to the above issues.
3.3. You acknowledge that products which contain, display or are subject to any one or more of the characteristics referred to in clause 3.1 are not defective or of unacceptable quality by reason of any of those characteristics and you cannot make any claim or seek a refund or replacement in relation to any of these issues.
3.4. You also agree that products will be deemed not to be defective if:
(a) They are subject to minor omissions or minor defects which do not substantially affect normal use;
(b) You fail to comply with the use and/or maintenance guidelines provided by us or the manufacturer of the products or any applicable Australian Standards or other set standards for products of the like;
(c) Any faults or damages to the products are caused or contributed to by you, including by:
3.4.c.1. Damage during transport, handling or storage;
3.4.c.2. Improper or inadequate storage, including exposure to moisture;
3.4.c.3. Failure to design, use or maintain the product in accordance with manufacturer’s directions and guidelines, and relevant Australian Standards;
3.4.c.4. Inappropriate use of or exposure to chemical agents, fumes, liquids or solids, including inappropriate mechanical polishing or acid cleaning; or
3.4.c.5. Any faults or damage to the product caused or contributed by any natural disaster.
3.5. Personalized or custom-ordered products are non-returnable and non-refundable, except in circumstances where the product completely fails to meet the required specifications.
3.6. We do not provide a refund if the product has been varied in any way.
3.7. Due to our strict hygiene policy, we do not provide a refund for any towels, robes, ponchos or any of the STYLD. Pup range products.
Contact details
4.1. Any claims made pursuant to this Returns Policy must be notified to Hello@styld.net.au.