The Letters

1. Acceptance of our Terms

1.1. By visiting, viewing, accessing or otherwise using The Letters’ websites (including that located at www.theletters.co), apps or social media pages (the “Sites”), including any of the services, information and materials (including, without limitation, our ‘Fonts’) available on the Sites (the “Materials”), you agree to be bound by the following Website Terms and Conditions of Use and any other agreements and/or terms and conditions which relate to your use of the Sites (including our Trial Licence, Paid Licence and Merchandise Terms and Conditions) and our services (together, the “Website T&C”).

1.2. If you do not want to be bound by our Website T&C, then your only option is not to visit, view, access or otherwise use the Sites or the Materials. You understand, agree and acknowledge that these Website T&C constitute a legally binding agreement between you and Mark Gowing Studio Pty Ltd. t/a The Letters (“we”, “us”, “our” or “The Letters”) and you shall be deemed to have accepted the Website T&C, if you use and/or access the Sites, our Services and/or the Materials.

1.3. For the avoidance of doubt, the Website T&C apply to all transactions conducted on the Sites or using our Services.

2. Your Age

2.1. If you are under 18 years of age, then you agree that you have had your parent or guardian explain these Website T&C to you and that you understand and agree to the terms of the Website T&C. You agree you have received your parent’s or guardian’s consent to use the Sites.

3. Provision of Sites and Services

3.1. You agree and acknowledge that we may modify, delete, improve, update or discontinue any information or services on the Sites at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or service contained on the Sites.

3.2. By using the Sites and our services you also agree to abide by the terms of our third party software providers, which may include, without limitation, Shopify.

4. Use of the Sites

4.1. The Sites and our services are provided ‘as is’ and you must not (and must not attempt to) alter, edit, interrupt or otherwise interfere with the Sites, our services or our Materials (including, without limitation, no hacking, introduction of ‘viruses’, uploading of spyware, altering or modifying our Fonts). Further, you must not engage in crawling, scraping, caching or otherwise accessing any content on the Sites via automated means or otherwise.

4.2. You may not use the Sites or our services in a manner which they are not intended to be used and/or would circumvent the purpose of the Sites, including (without limitation) attempting to adapt or reproduce our Materials or use the Materials without a valid licence.

4.3. You promise that all information you provide on, or in connection with, the Sites (including, without limitation, all information provided in connection with obtaining a Font Licence and checkout) will be true, accurate and complete.

4.4. You agree that any payment made via a third-party payment services provider shall be subject to that third party’s terms and conditions (including, for example, those relating to the use of shopify).

4.5. We reserve the right to monitor use of the Materials and suspend or limit your use of the Materials and Sites, if we discover signs of fraud, abuse or suspicious activity or if you supplied misleading information or made any misrepresentations to us in connection with the Sites, tampered with the Sites in any way, breached these Website T&C, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration and/or purpose of the Sites.

5. Registration For Access to Materials

5.1. In order to access and use all the functions of the Sites and our Materials, you may be required to provide certain details such as your name, organisation and email address. You must provide accurate, current, and complete information to register for such access. If you do not, you will be deemed to have no authority or permission to access such functions of the Sites and/or relevant Materials.

5.2. You may legitimately access our Materials with permission in the following ways:

(a) by using the tools available on the Sites in accordance with these Website T&C;

(b) by agreeing to our ‘Trial Licence’; or

(c) by agreeing to our ‘Paid Licence’ and making payment of the relevant Licence Fees.

5.3. In order to use our Fonts beyond the tools available on our Sites, you must agree to our Trial Licence (as set out in Annexure A to these Website T&C) and/or a Paid Licence (as set out in Annexure B to these Website T&C) which must be obtained for each End-User Client which intends to use the relevant Fonts.

5.4. If you obtain rights to use our Fonts a Trial Licence or a Paid Licence on behalf of a company or organisation, then:

(a) you promise that you have the authority to agree to the Website T&C on behalf of the company or organisation for which you are registering;

(b) you acknowledge that the company or organisation shall be bound to the Website T&C; and

(c) a reference to ‘you’ or ‘your’ or ‘person’ throughout the Website T&C shall include a reference to the relevant company or organisation unless the context otherwise requires.

5.5. You must not let any person use our Materials in a manner which is inconsistent with the Font Licence which you have obtained. If you become aware that a person is using our Materials in an infringing manner, you must immediately notify us.

6. Promotion and Publicity

6.1. You agree that we may use and publish your name, image, logo and/or biography for the purpose of promoting our business, Sites and Materials.

7. Ownership of Copyright and Information

7.1. You acknowledge and agree that we own and/or control all right, title and interest (including copyright and other intellectual property rights) in and to all information, content and material appearing on the Sites, including (without limitation) any and all Materials, logos, images and audio-visual material on the Sites.

7.2. You may access and/or reproduce our Materials only for the purpose of using our Sites and/or pursuant to a valid and binding Font Licence you have obtained from us. You may not otherwise use, modify or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, embedding, republishing, showing or publishing, communicating or reproducing) the Sites, the Materials or the Fonts without our prior written agreement and we reserve all such rights in the Materials.

7.3. To the extent you do modify, alter, adapt or otherwise change our Materials and Fonts or create additional symbols, characters, letters, numbers or signs based on our Fonts, you hereby assign to us any and all right, title and interest (including present and future intellectual property rights) in and to such modifications or additional created materials.

7.4. If you become aware of any material on the Sites that you believe infringes the law or infringes any person's rights (including copyright, other intellectual property rights), you must immediately contact us and report it to us (including specifying the URL on which the material appears and a description of the relevant material).

8. Indemnification

8.1. You agree to indemnify us, and hold us harmless, from and against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses) arising from your use of the Sites, Materials or Fonts, including (without limitation) unauthorised use of our Materials or Fonts as a result of your use of the Site or possession of the Materials (for example, if you share our Materials or Fonts with a third party (such as an ‘End User Client’) and that third party uses such Materials and/or Fonts in an infringing and/or unauthorised manner). This may mean you will be required to pay the relevant Licence Fees on behalf of an End User Client, if that End User Client uses the Font in an unlicensed or unauthorised manner.

9. No Warranties

9.1. You understand and agree that your use of the Sites, Materials and any information contained on the Sites is entirely at your own risk.

9.2. We do not promise or warrant in any way that:

(a) the Sites will be constantly available, or available at all;

(b) the information on the Sites (or on any related website or social media pages) or in the Materials is complete, true or accurate;

(c) you can rely on or use any information on the Sites or in the Materials; or

(d) the Materials will be fit for your intended use of such Materials.

9.3. We make no representations as to the accuracy or completeness of any information on the Sites or any third party websites found by following any link or direction on the Sites.

9.4. Any cost associated with accessing and using the Sites generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Sites and meets all relevant technical specifications necessary to obtain the benefit of the Sites and our services, and to use our Materials.

10. Termination and Suspension

10.1. We reserve the right to suspend, terminate or limit your use of the Sites and our Materials at any time for any or no reason at our sole discretion, subject to any legitimately obtained Paid Licence acquired by you.

10.2. We may suspend, terminate or limit your use of any Font if you breach the terms of any Font Licence and/or these Website T&C.

10.3. If we notify you of such suspension, termination or limitation, then you must immediately comply with the notification and you must not attempt to continue to use the Sites and/or our Materials in contravention of your permission and you immediately must notify any End User Client of such suspension or termination.

10.4. For so long as you use the Sites and/or our Materials, the Website T&C will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of the Website T&C or any Font Licence.

11. Limitation of Liability

11.1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Materials, the services provided by us (or our affiliates) and the Sites are expressly excluded. In particular, we make no promises that the Sites will operate on your computer system or mobile device (as applicable) and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Sites (or the Materials) including arising from, or in relation to, any error, action, omission, “bug”, “virus”, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Sites or Materials, whether negligent or otherwise.

11.2. In no event will we (including our officers, employees, representatives, affiliates, agents and related parties) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Sites or the Materials.

11.3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website T&C, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied, each capped at the total subscription fees paid by you to us in the 12-month period immediately prior to any claim being made by you. 

11.4. If you become aware of any damage, loss or injury to any person or property with a connection to us or the Sites (or any incident that may result in any such damage, loss or injury), then you must immediately notify us.

12. Links from the Sites and Third Party Content and Advertising

12.1. The Sites may include third-party content or advertising or links to third-party content, advertising and other websites. Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated organisation, product or service.

12.2. The inclusion of third-party content or advertising on the Sites does not, in itself, constitute our endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement). You acknowledge and agree that unless specifically expressed otherwise, we do not endorse any advertising, products, goods or resources appearing on the Sites or available via links on the Sites (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).

12.3. You acknowledge that third party websites and services which are linked to the Sites may be governed by their own terms and conditions, and you agree that it is your responsibility to make yourself aware of, and to comply with, such third party terms and conditions.

13. Policies and Descriptions

13.1. You agree that you shall comply with all policies and rules implemented by us, including (without limitation) those related to the nature and descriptions of the Scope of Licences available and the parameters we publish from time-to-time in connection with the scope of permitted usage of the Fonts (including those in our FAQ).

14. Changes to the Terms

14.1. We reserve the right to modify the Website T&C (including the Annexure hereto) from time to time at our sole discretion and without any notice. We will endeavour to notify you of any changes to the Website T&C, but you agree to regularly check the Website T&C for updates. Unless otherwise notified, changes to the Website T&C become effective on the date they are posted and your continued use of the Sites after any changes to the Website T&C will signify your agreement to be bound by the amended Website T&C.

15. Relationship

15.1. Nothing in these Website T&C is intended to create, or does create, a partnership, agency, employment or fiduciary relationship between us and you (or any user of the Sites).

16. General

16.1. These Website T&C do not cover all aspects of every interaction of our relationship with you (or between you and other users). For example, if you obtain a particular licence from us to use our Materials, then you may be required to enter further agreements in relation to that particular licence. Even if you enter such further arrangements with us, these Website T&C shall continue to be binding.

16.2. You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Website T&C or any Font Licence. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Website T&C to any person.

16.3. We shall not be liable for any breach of our obligations under these Website T&C where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

16.4. No waiver by us of any default of yours under these Website T&C shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Website T&C.

16.5. Unless otherwise stated within these Website T&C, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

16.6. The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

16.7. If any provision of these Website T&C is held by a court to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Website T&C shall not be affected.

16.8. These Website T&C (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.

17. Definitions

17.1. In these Website T&C and our Font Licences the following capitalised terms have their corresponding meaning, unless the context otherwise expressly requires:

• “End User Client” means the person, company, organisation, entity or other body which is the ultimate beneficiary of the scope of a Font Licence (i.e. with whom the Font will be associated);

• “Font” means the artistic works and other protectable intellectual property (such as the underlying computer code/software) which make-up the fonts made available by us;

• “Font Licence” is a joint and several reference to Paid Licence and Trial Licence;

• “Font Style” is a joint and several reference to the available style of each Font;

• “Licence Fees” means the fees payable to us pursuant to a Paid Licence;

• “Paid Licence” means the terms and conditions which govern any rights granted in consideration for payment of a Licence Fee to use our Fonts;

• “Project” has the meaning given to it in the Paid Licence;

• “Trial Licence” means the terms and conditions which govern any rights granted to use our Fonts solely for the internal purposes of testing whether such Fonts may be suitable for any particular Project.

1. Agreement to Terms of Trial Licence

1.1. By providing your details and completing your request to obtain access to our Fonts for testing purposes, you hereby agree to the terms and conditions set out in this Trial Licence.

1.2. You may only request a Trial Licence in connection with any Font, if your sole intention is to:

(a) test whether such Fonts are suitable for any Project; and

(b) acquire a Paid Licence for such Font if it is used in any such Project.

2. Delivery of Fonts

2.1. We shall deliver to you copies of Fonts or Font Style in a file format we deem to be suitable for your proposed needs.

3. Limited Grant of Rights

3.1 You may only install and use the Fonts provided for the limited purpose of:

(a) creating materials relating to any Project; and

(b) sharing those materials with a relevant End User Client solely for the purpose of such End User Client determining whether to approve the use of such Font.

3.2. You may only use the Fonts for as long as is required to evaluate whether to enter a Paid Licence for such Font.

4. Restrictions of Use

4.1. You may not:

(a) share the Font files provided to you with any third party;

(b) use the Fonts in any materials which are made available to the public;

(c) use the Fonts (internally or otherwise) other than for the limited purpose set out in clause 3.1 above;

(d) publish or make the Fonts available to any third party.

4.2. The grant of rights pursuant to a Trial Licence is revocable at any time and is non-exclusive and non-transferable.

5. Your Obligations

5.1. You must:

(a) keep the Font files secure;

(b) ensure that no third party accesses or infringes our rights in the Fonts; and

(c) delete each Font if it is determined that a Paid Licence will not be acquired in connection with such Font.

1. Agreement to Terms of Paid Licence

1.1. By requesting and/or paying for a licence to use a Font, you hereby agree to the terms and conditions set out in this Paid Licence.

2. Scope of Licence

2.1. Each Paid Licence only grants you rights in connection with the relevant:

(a) ‘Font Style’ chosen by you;

(b) ‘End User Client’ nominated by you (e.g. the entity who will ultimately use the Font);

(c) ‘Project’ described by you when applying for a Paid Licence.

2.2. You must provide the relevant details of such Font Style, End User Client and Project (as well as nominating a Licence Category) at the time of payment and these will make up the parameters of your ‘Scope of Licence’.

2.3. You may only specify 1 End User Client and Project per Paid Licence, and you must provide all requested and/or necessary details in connection with each such element of a Scope of Licence.

2.4. Failure to provide accurate details could result in an incorrect Fee being paid, incorrect rights being acquired and/or the End User Client’s rights to use the Fonts being terminated or void.

2.5. The “End User Client” is the person, company, organisation, entity or other body which is the ultimate beneficiary of the license granted pursuant to this Paid Licence (i.e. with whom the Font will be associated and/or on whose material the Font will be used). You must provide us with up-to-date and accurate information in respect of the size of the End User Client (i.e. the total number of employees and contractors of the End User Client).

2.6. The “Project” is the precise campaign, project, production, app, game, website and/or usage description for the particular brand named in the Paid Licence application in relation to which the Font is intended to be used. To be clear, the brand, domain name, website, app/game, product, campaign, etc, etc in relation to which the Font will be used/associated must be named and accurately described in sufficient detail (as determined by us) within the Project description and/or fields included on our Sites. The Project description provided to us must also include the general nature of the way the Font will be used in connection with the Project. You will need a separate Paid Licence for each such Project, brand, domain name, website, app/game, campaign, etc, etc. If sufficient information regarding the Project is not provided (including missing information requested by us), the Paid Licence shall be deemed to be void, unless otherwise agreed in writing.

3. Usage

3.1. We have separated our Paid Licences into the following 5 ‘Licence Categories’:

(a) Desktop Licence – you will be provided the chosen Fonts in ‘.otf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence, other than in connection with any use or activity that would be covered by a Web Licence, Branding/Merchandise Licence, Software Licence or Broadcast/TVC Licence;

(b) Web Licence – you will be provided the chosen Fonts in ‘.woff2’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence (with a single website to be specified by you or a single domain from which email marketing is sent) only as ‘live type’, email marketing font-type and dynamic web-advertising font-type and otherwise use with @font-face CSS;

(c) Software Licence – you will be provided the chosen Fonts in ‘.ttf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence as such use relates only to use within a digital ‘app’, game or other software product specified by you at the time of purchase, any you must provide the precise name (a ‘working title’ is acceptable) of the ‘app’, game or other software product;

(d) Branding/Merchandise Licence – you will be provided the chosen Fonts in ‘.otf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence only in or on:

(i) branding, logo and trademark materials;

(ii) apparel, garments and physical merchandise products, NFTs, artworks to be made available for sale or commercial release/use (in which case you must include the nature of the merchandise/products on which the Font will appear); and/or

(ii) title treatments for the branding and/or marketing of entertainment or advertising content (in which case you must include the name of the proposed content in which the Font will appear); and

(e) Broadcast/TVC Licence – you will be provided the chosen Fonts in ‘.otf’ format and will be entitled to use such Fonts in connection with your nominated Scope of Licence only in a single audio-visual production (together with any cuts, versions and trailers directly associated with such audio-visual material), which is intended to be broadcast, published or made available on TV, in theatres, on streaming platforms and/or in connection with monetised/commercialised social media channels/accounts. If the use relates to a TV show or series, you must include the precise name (or number) of the season in which the Font will be used, and if the use relates to an advertisement or TVC, then the anticipated media on which it will be broadcast/communicated must be included.

3.2. If you have chosen the correct Licence Category and have provided accurate details in connection with the nominated Scope of Licence, then the rights granted will apply worldwide, in perpetuity, in any and all media and without quantity/duration restrictions.

3.3. If you wish to obtain a Paid Licence for a Scope of Licence or a Licence Category which does not fit into one of our scopes or categories set out above, then please contact us.

4. Licence Fees

4.1. The fees payable in connection with each Paid Licence shall be determined by the Scope of Licence and Licence Category specified at the time of requesting to enter a Paid Licence for the relevant Font (the “Licence Fees”).

4.2. The Licence Fees must be paid prior to any use of any Font (beyond the scope of any applicable Trial Licence).

4.3. All Licence Fees are non-refundable, regardless of whether the Fonts are used pursuant to a Scope of Licence or not, and regardless of whether the Paid Licence is terminated for breach.

4.4. If you have inaccurately specified the Scope of Licence and/or Licence Category, then we shall be entitled to immediately invoice you for Licence Fees for a Scope of Licence and/or Licence Category (or multiples of each) which accurately reflects the actual use of the Fonts and you must pay such invoice within 7 days of receipt of such invoice. For the avoidance of doubt, this does not limit our right to terminate any Font Licence for breach of contract.

4.5. We reserve the right to charge interest on all unpaid Licence Fees accruing from the date of first use of a Font not covered by a nominated Scope of Licence and/or Licence Category. The interest rate charged shall be 6% per annum higher than the Reserve Bank of Australia’s then-current published cash rate (compounding daily).

5. Your Obligations

5.1. You must:

(a) keep the Font files secure;

(b) not share the Font files provided to you with any third party;

(c) ensure that no third party accesses or infringes our rights in the Fonts;

(d) delete each Font after completion of the Project in connection with which it is intended to be used;

(e) immediately notify us, if you believe an End User Client has used the Font outside the Scope of Licence or Licence Category and cooperate with us to ensure we are paid any Licence Fees due for use outside such Scope of Licence or Licence Category.

1. Agreement to Merchandise Terms of Purchase

1.1. By purchasing a product from our Sites (each a “Product”), you hereby agree to the terms and conditions set out in these Merchandise Terms of Purchase.

2. Purchasing a Product

2.1. By purchasing a Product, you agree that you have:

(a) read all Product descriptions before making a purchase; 

(b) submitted appropriate payment details for Product(s) purchased; and

(c) provided accurate delivery information. 

2.1. We may cancel an order for a Product at any time for any reason without notice, including (without limitation) if incorrect information has been provided to us, or you have breached our Website T&C or these Merchandise Terms of Purchase.

3. Returns and Refunds

3.1. We generally have a ‘no returns’ policy. However, in Australia, consumers have certain legal rights to obtain a refund from a business for goods purchased. For example, if the goods are faulty, not fit for a specified purpose or are fundamentally different from the relevant description.

3.2. By purchasing a Product you agree to our Refunds and Returns Policy, which we may change at any time for any reason at our sole discretion.

3.3. You must contact us immediately if you believe you are entitled to a refund by law or pursuant to our Refunds Policy.

4. Descriptions

4.1. We have made every effort to display as accurately as possible the colours, images and descriptions of our Products. We cannot guarantee that your computer monitor's display of any colour or images will be accurate.

4.2. All descriptions of Products are subject to change at any time without notice at our sole discretion.

4.3. We sell our Products ‘as is’. We do not warrant that the quality of any Products or any information purchased or made available will meet your expectations or will be fit for any particular purpose.

4.4. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, shipping timeframes, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Sites is inaccurate at any time without prior notice (including after you have submitted your order).

4.5. We undertake no obligation to update, amend or clarify information on our Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Sites should be taken to indicate that all information on the Sites has been modified or accurately updated.

5. Price

5.1. At the time of purchase, you must pay the published price for each Product (the “Price”).

5.2. Prices for our Products are subject to change without notice.

5.3. We reserve the right at any time to modify or discontinue selling any Products without notice at any time.

5.4. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the sale of any Product.

6. Limitations on Purchases

6.1. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

6.2. We reserve the right to limit the quantities of any Products that we offer.

6.3. Any offer for any Product made on this site is void where prohibited.

7. No Reproduction or Resale

7.1. You are prohibited from reproducing, duplicating, copying, reselling, trading, adapting, modifying or exploiting the Products (including images (whether of the Product or recreated), drawings, illustrations or sketches of Products) or any derivative works based on the Products for any commercial or other such purpose. Any such use will require a Paid Licence for use of the Font and/or artwork embodied on or in the Product.

1. No Refunds

1.1. You will not be entitled to a refund in the event you change your mind and/or you have no legal entitlement for a refund.

1.2. Furthermore, you will not generally be entitled to a refund for the following reasons:

(a) if Products have been altered, used, worn, washed, or discarded after receipt;

(b) if Products are received after the agreed-upon delivery date due to delivery delays out of our control;

(c) if the Product does not arrive due to errors in the information you provided us (for example, incorrect delivery address);

(d) if Products are returned without have submitted a legal reason for the return and having reached a return agreement with us;

(e) if Products are accurately described but don’t meet your expectations; or 

(f) if costs of postage are in dispute.

2. When you may be entitled to a Refund

2.1. You may be entitled to a refund in accordance with Australian Consumer Law.

2.2. You may receive a full refund in the following circumstances:

(a) Products are not delivered or do not arrive within 21 days of our correctly published delivery date (other than if you have provided incorrect delivery details or were not available to accept delivery);

(b) Products arrive damaged;

(c) Products received are fundamentally different from the listing description or photo, for example:

(i) the item received is a different model, version or size;

(ii) the item has a fundamentally different design or material than as described;

(iii) you received the incorrect quantity of items (e.g. you purchased three items but only received two); or

(iv) the condition of the item is misrepresented.

3. Returns

3.1. Even when entitled by law to receive a refund, you my return the Product in the condition you received it prior to be refunded the Price paid for the Product (except in circumstances where you can legitimately show that you never received the Product at no fault of your own – for example, the shipping company acknowledges loss of your shipping package).

3.2. You must send the Product to be returned to the manufacturer (TBA), but please note that you will not receive a refund unless we have reached a returns agreement after you have contacted us about the reason for your return.