Terms & Conditions
Last updated: October 2025
OVERVIEW
Welcome to Melbourne Wear (“Melbourne Wear”, “we”, “us”, “our”). We operate this website and store, including all related information, content, features, tools, products, and services (collectively, the “Services”). The Services are hosted by Shopify.
These Terms of Service (the “Terms”), together with the policies referenced here (including our Privacy Policy, Refund Policy, and Shipping Policy), describe your rights and responsibilities when using the Services. By visiting or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. ACCESS AND ACCOUNT
You confirm you are at least the age of majority in your place of residence and have authority to use the Services. You may be asked for information (e.g., email, billing, payment, shipping). You represent it is accurate and you have rights to provide it. You are responsible for safeguarding your account credentials and all activity under your account.
2. OUR PRODUCTS
We aim to describe products accurately; however, colors and appearance may vary by device. Product details, availability, and pricing may change without notice. We may limit quantities and discontinue products at any time.
3. ORDERS
Your order is an offer to buy; we may accept or decline at our discretion. We must receive and process your payment before acceptance. If we decline or change an order, we’ll attempt to notify you using the contact details provided. Returns and exchanges are governed by our Refund Policy. You represent purchases are for personal/household use and not for resale or export.
4. PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price in your order confirmation applies. Unless stated, prices exclude taxes, customs, and import charges. You agree to keep payment details current and authorize us to charge all amounts due (including applicable taxes and shipping).
5. SHIPPING AND DELIVERY
Processing and delivery timeframes are set out in our Shipping Policy. Delivery times are estimates and may be affected by carrier issues, customs, or events beyond our control. Title and risk of loss pass to you upon transfer to the carrier.
6. INTELLECTUAL PROPERTY
All content on the Services (including trademarks, text, images, video, audio, design, and layout) is owned by Melbourne Wear or its licensors and protected by applicable laws. You may use the Services for personal, non-commercial purposes only. No license is granted except as expressly provided.
7. OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available,” without warranties. Your use is at your own risk and subject to the third party’s terms.
8. THIRD-PARTY LINKS
Third-party links and content are provided for convenience. We do not control and are not responsible for third-party sites or their policies. Your dealings with third parties are solely between you and them.
9. RELATIONSHIP WITH SHOPIFY
The Services are powered by Shopify. Sales you make are with Melbourne Wear. Shopify is not responsible for your purchases or any claims arising from them, and you release Shopify and its affiliates from such claims to the maximum extent permitted by law.
10. PRIVACY
Personal information is handled in accordance with our Privacy Policy and, where applicable, Shopify’s privacy policy. Because the Services are hosted by Shopify, certain data about your use of the Services is processed by Shopify and its sub-processors to operate and improve the Services.
11. FEEDBACK AND REVIEWS
If you submit feedback, ideas, or reviews (“Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use and display it for any lawful purpose. You represent you own the Feedback and it complies with these Terms.
12. ERRORS AND AVAILABILITY
We may correct errors or omissions and update information (including pricing, availability, and shipping information) without prior notice, including after you place an order.
13. PROHIBITED USES
You may not use the Services for unlawful, harmful, or abusive purposes; to infringe rights; to transmit malware or spam; to scrape, crawl, or interfere with security; or otherwise as detailed here. We may suspend or terminate access for violations.
14. TERMINATION
We may suspend or terminate access at any time. Sections that by nature should survive (including IP, Feedback, Disclaimers, Liability, Indemnity, Governing Law) will survive termination.
15. DISCLAIMER OF WARRANTIES
Except as required by law or expressly stated by us, the Services and all products are provided “as is” and “as available.” We do not warrant uninterrupted, timely, secure, or error-free operation. Nothing in these Terms excludes, restricts, or modifies any non-excludable statutory rights (e.g., under the Australian Consumer Law, if applicable).
16. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Melbourne Wear and its affiliates, service providers, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, or goodwill, arising out of or relating to the Services or products. This limitation does not apply to liability that cannot be limited under applicable law or to your non-excludable statutory rights.
17. INDEMNIFICATION
You agree to indemnify and hold harmless Melbourne Wear and its affiliates, officers, employees, agents, and service providers from claims and expenses arising from your breach of these Terms or violation of law or third-party rights.
18. SEVERABILITY
If any provision is unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will remain in effect.
19. WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision is not a waiver. These Terms, together with posted policies, are the entire agreement between you and us concerning the Services.
20. ASSIGNMENT
You may not assign or transfer your rights or obligations without our prior written consent. We may assign or transfer these Terms without notice.
21. HEADINGS
Headings are for convenience only and do not affect interpretation.
22. CHANGES TO TERMS
We may update these Terms by posting a new version with an updated “Last updated” date. Material changes will be notified as required by law. Your continued use after changes means you accept the updated Terms.
23. CONTACT
Questions about these Terms should be sent to info@melbourne-wear.com