TERMS AND CONDITIONS
Terms and Conditions
1. Application of these Terms
1.1 These Terms and Conditions apply to all orders placed by customers in Australia through this storefront.
1.2 These Terms apply together with our Privacy Policy, Shipping Policy, Returns Policy, and any product specific terms shown on our website before you place an order.
1.3 By placing an order, you confirm that you have legal capacity to enter into a binding contract.
1.4 In these Terms, we, us and our mean the seller identified in clause 21.
1.5 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
2. Orders and Contract Formation
2.1 Any product listing, pricing or description on our website is an invitation to treat only and is not a binding offer by us.
2.2 Your order is an offer to buy the products or services selected by you on these Terms.
2.3 A contract is formed only when we accept your order and send you an order confirmation or dispatch confirmation.
2.4 All orders are subject to availability.
2.5 We reserve the right to refuse or cancel an order before dispatch where reasonably necessary, including where there is a genuine pricing error, stock unavailability, suspected fraud, inaccurate customer information, or suspected resale activity inconsistent with these Terms.
2.6 If we cancel an order after payment has been taken, we will refund the amount paid.
2.7 You are responsible for ensuring that all information submitted with your order is accurate, including your name, address, contact details, sizing selections, measurements, monogram details and any custom instructions.
3. Products, Images, Sizing and Descriptions
3.1 We take reasonable care to ensure that product descriptions, images, colours, measurements and prices are presented as accurately as possible.
3.2 Images are for illustration only. Colours, texture and finish may vary slightly due to photography, lighting, fabric batch variation and screen settings. This clause does not limit your rights if a product is materially different from its description.
3.3 Any size guide, fit guide or measurement information is intended as guidance only unless we expressly agree exact finished specifications.
3.4 Where you provide measurements, embroidery text, initials, dates, design preferences or other custom instructions, you are responsible for checking that information carefully before submitting your order.
3.5 If a product is made or supplied in accordance with the measurements, selections and specifications approved by you, a dislike of style, feel or personal preference alone will not of itself make the product faulty.
4. Custom, Personalised and Made to Measure Products
4.1 Products that are made to your measurements, altered to your request, embroidered, monogrammed, personalised, specially sourced, or otherwise customised for you are treated as custom products.
4.2 Once production, sourcing, alteration or customisation of a custom product has begun, you may not cancel for change of mind unless we agree otherwise in writing.
4.3 Custom products remain covered by any rights you have under the Australian Consumer Law, including where the goods are not of acceptable quality, not fit for a disclosed purpose, materially different from the agreed specification, or otherwise fail to comply with applicable consumer guarantees.
5. Price, Currency, Taxes and Payment
5.1 Prices displayed on the Australian storefront are in Australian dollars unless clearly stated otherwise.
5.2 Prices may include Australian GST where applicable.
5.3 Where GST is not applicable or is not collected by us at checkout, this will be reflected in the purchase price or checkout information.
5.4 For orders shipped internationally, you may also be responsible for customs duties, import taxes, clearance charges or similar amounts that are not collected by us at checkout.
5.5 Delivery charges and any other applicable charges will be shown at checkout before you place your order.
5.6 Payment must be received and authorised before dispatch unless we expressly agree otherwise.
5.7 If there is an obvious pricing mistake that could reasonably have been recognised as an error, we may cancel the order and refund any amount paid.
6. Availability and Substitutions
6.1 All products are offered subject to availability.
6.2 If a product becomes unavailable after you place an order, we may offer you a revised lead time, a suitable alternative, partial fulfilment, or cancellation and refund for the unavailable item.
6.3 We will not substitute a materially different product without your consent.
7. Delivery
7.1 We will use reasonable efforts to dispatch and deliver your order within any timeframe stated on our website or otherwise notified to you.
7.2 Delivery dates are estimates only and may be affected by stock issues, customs processing, carrier delay, peak periods, weather, or events outside our reasonable control.
7.3 If we become aware of a material delay, we will use reasonable efforts to notify you.
7.4 You must provide a correct delivery address and any information needed for successful delivery.
7.5 If you ask us or the courier to leave a parcel unattended, in a safe place, with a concierge, in a parcel locker, or at another location nominated by you, risk in the parcel passes once the parcel is delivered in accordance with those instructions.
7.6 If a parcel is returned to us because you provided an incorrect address, refused delivery, or failed to collect the parcel after reasonable delivery attempts, we may charge the reasonable redelivery cost or cancel the order and refund the order value less any reasonable shipping or return costs incurred by us, to the extent permitted by law.
8. Risk and Title
8.1 Risk in the goods passes to you upon delivery, except where clause 7.5 applies.
8.2 Title in the goods passes to you once payment has been received in full in cleared funds.
9. Australian Consumer Law
9.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
9.2 Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law.
9.3 Where a product or service supplied by us fails to comply with the Australian Consumer Law, you may be entitled to a repair, replacement, refund, cancellation, compensation, or another remedy as provided by law.
9.4 If a product has a major failure, you may be entitled to reject the goods and choose a refund or replacement, or keep the goods and claim compensation for the reduction in value.
9.5 If a problem is not major, we may choose to repair or otherwise remedy the issue within a reasonable time, as permitted by law.
9.6 We are entitled to inspect and assess a claimed faulty product before determining the appropriate remedy, provided this does not affect any non-excludable rights you have.
10. Faulty, Incorrect, Damaged or Not as Described Items
10.1 If you believe a product is faulty, damaged, incorrect, unsafe, not fit for purpose, or not as described, please contact us as soon as reasonably practicable with your order number and details of the issue.
10.2 We may ask you to provide reasonable information to help us assess the issue, including photographs, proof of purchase, or return of the item where reasonably necessary.
10.3 You are not required to return a faulty item in its original packaging in order to seek a remedy under the Australian Consumer Law, although we may ask for proof of purchase.
10.4 If the product can easily be returned by post or courier, you may be asked to return it to us for assessment.
10.5 If we confirm that the item has a fault or other issue for which we are responsible under the Australian Consumer Law, we will reimburse your reasonable return costs.
10.6 If, after reasonable assessment, we determine that the product does not have a fault or other issue for which we are responsible, and the item is not otherwise eligible under our change of mind policy, we may return the item to you at your cost.
11. Change of Mind Returns
11.1 In addition to your rights under the Australian Consumer Law, we offer a voluntary change of mind returns policy for eligible items.
11.2 Subject to clauses 11.3 and 11.4, you may return an eligible item within 14 days of delivery if you change your mind.
11.3 To qualify for a change of mind return, the item must be:
a. unworn, unused and unwashed, other than reasonable trying on
b. in saleable condition
c. with tags attached where tags were supplied
d. accompanied by proof of purchase.
11.4 Unless required by the Australian Consumer Law, change of mind returns are not available for:
a. made to measure, altered, personalised, monogrammed or custom products
b. underwear, intimate items, hosiery or hygiene sensitive goods where the seal or hygiene protection has been removed or the item has been worn
c. gift cards
d. products clearly marked at the time of sale as final sale or non-returnable for change of mind.
11.5 For change of mind returns, return shipping costs are your responsibility unless we state otherwise.
11.6 Original shipping charges are non-refundable for change of mind returns unless the entire order is cancelled before dispatch or we state otherwise.
11.7 Nothing in this clause limits any rights you may have under the Australian Consumer Law.
12. Exchanges
12.1 We may offer exchanges for eligible non-custom products, subject to stock availability.
12.2 Exchange requests must be made within the same timeframe as our voluntary change of mind policy unless the exchange relates to a fault or other issue covered by the Australian Consumer Law.
12.3 If a requested exchange item is unavailable, we may offer a refund, store credit, or alternative product, subject to your rights under law.
13. Cancellations
13.1 You may request cancellation before dispatch.
13.2 If the order has not yet been dispatched and no customisation, sourcing, or production work has begun, we may cancel the order and refund the amount paid.
13.3 If a custom product has entered production, sourcing, alteration, or personalisation, cancellation may not be possible except where required by law.
14. Promotions, Discount Codes and Bundles
14.1 Discount codes, bundle offers, promotional pricing and other offers are subject to any specific terms displayed with the promotion.
14.2 If a return causes an order to no longer qualify for a promotion or bundle discount, we may recalculate the order and adjust the refund accordingly, to the extent permitted by law.
14.3 Nothing in this clause affects your non-excludable rights under the Australian Consumer Law.
15. Gift Cards and Store Credit
15.1 Gift cards and store credit are subject to any separate terms displayed at the time of issue.
15.2 Products purchased using a gift card remain subject to the Australian Consumer Law.
15.3 Gift cards and store credit are not redeemable for cash except where required by law.
16. Liability
16.1 Nothing in these Terms excludes or limits liability where it cannot lawfully be excluded or limited, including liability arising under the Australian Consumer Law.
16.2 Subject to clause 16.1, we are not liable for any loss that is not a reasonably foreseeable result of our breach of these Terms.
16.3 Subject to clause 16.1, we are not liable for delay or failure caused by events outside our reasonable control, provided we use reasonable efforts to minimise the impact and deal with the issue appropriately.
17. Events Outside Our Reasonable Control
17.1 We are not responsible for delay or failure to perform caused by events outside our reasonable control, including carrier disruption, customs delays, industrial action, severe weather, natural disaster, fire, flood, epidemic, pandemic, war, civil unrest, government action, power failure, or telecommunications outage.
17.2 Where such an event materially affects your order, we will use reasonable efforts to notify you and provide an appropriate solution where possible.
18. Privacy
18.1 We collect, use and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.
18.2 You should read our Privacy Policy before placing an order.
19. Governing Law and Jurisdiction
19.1 These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, except that nothing in these Terms excludes or limits any mandatory rights or remedies available to Australian consumers under the Australian Consumer Law or other applicable mandatory law.
19.2 Any dispute may be brought in the courts of England and Wales or in any other court or tribunal of competent jurisdiction.
19.3 We do not require Australian consumers to submit exclusively to the courts of England and Wales where doing so would be inconsistent with applicable law.
20. Severability
20.1 If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue in full force.
21. Seller Identity and Contact Details
21.1 The seller under these Terms is SURREY & YORKSHIRE CLOTHING CO LTD, trading as Menswearr, a company incorporated in England and Wales under company number 09134579
21.2 Our registered office is 1a Phoenix Court, Phoenix Court, Guildford, Surrey, England, GU1 3EG.
21.3 Our contact details are as follows:
Email, menswearr.fashion@gmail.com
21.4 If you have a complaint or believe your product or service does not comply with the Australian Consumer Law, please contact us using the details above and we will aim to deal with the matter within a reasonable time