Terms of service

OVERVIEW

Welcome to Salty Worn.

The terms “we”, “us” and “our” refer to Salty Worn. We operate this website and online store, including the information, content, features, products and services available through it (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) explain the rights and responsibilities that apply when you browse our website, create an account or purchase from Salty Worn.

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree to them, please do not use the Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

SECTION 1 - ACCESS AND ACCOUNT

You must have the legal capacity to enter into a contract to place an order with us. If you are under 18, you should use the Services only with the involvement of a parent or guardian.

You agree that any information you provide to us, including your name, email address, billing information and shipping details, is accurate, current and complete.

If you create an account, you are responsible for keeping your login details secure and for activity carried out through your account.

You must not sell, transfer or provide your account to another person without our permission.

SECTION 2 - OUR PRODUCTS

We do our best to accurately describe and photograph our products.

Colours and appearance may vary slightly depending on screen settings, lighting and photography. Minor variations may also occur between production batches, including differences in colour, print placement, embroidery, fabric finish or measurements.

These minor variations do not affect any rights you may have where a product does not comply with the Australian Consumer Law.

Product descriptions, designs, colours, pricing and availability may change from time to time. We may discontinue products or limit quantities where reasonably necessary, including for limited releases or stock availability.

SECTION 3 - ORDERS

Placing an order is an offer to purchase products from Salty Worn.

We may decline or cancel an order where reasonably necessary, including where:

an item is unavailable;
there has been an obvious pricing or listing error;
payment cannot be processed;
we reasonably suspect fraud or unauthorised activity; or
we cannot lawfully fulfil the order.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products.

Please check your order carefully before submitting it.

If you need to change or cancel an order, contact us as soon as possible. We will do our best to help, but we cannot guarantee that changes or cancellations can be made once an order has entered processing or been dispatched.

Returns, exchanges and change-of-mind requests are handled in accordance with our Refund Policy, in addition to any rights you have under the Australian Consumer Law.

SECTION 4 - PRICES AND BILLING

Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD) and include GST where applicable.

Shipping charges that depend on your delivery location will be shown before you complete your order.

For international orders, customs duties, import taxes or other charges may be imposed by the destination country. Unless we expressly state otherwise, these charges are not collected by Salty Worn and are the customer's responsibility.

Prices, promotions and discounts may change from time to time. The price applicable to an order will be the price shown when the order is placed, subject to correction of genuine errors as described in these Terms.

You agree to provide accurate and authorised payment information when making a purchase.

SECTION 5 - SHIPPING AND DELIVERY

Delivery timeframes shown on our website are estimates unless we expressly state otherwise.

Occasionally delays may occur because of carriers, weather, customs, peak periods or other circumstances outside our reasonable control. If we become aware of a significant delay, we will make reasonable efforts to keep you informed.

You are responsible for providing a complete and accurate delivery address. Additional shipping costs caused by an incorrect address or unsuccessful delivery may be charged where reasonable.

Risk in the products passes to you when the order is delivered to the delivery address you supplied, or delivered in accordance with an authority-to-leave or other delivery instruction provided by you.

If an order is significantly delayed, lost or damaged in transit, please contact us so we can investigate and provide an appropriate solution.

Nothing in this section limits your rights under the Australian Consumer Law.

SECTION 6 - AUSTRALIAN CONSUMER LAW

Our goods come with consumer guarantees under the Australian Consumer Law that cannot be excluded by these Terms or by any Salty Worn policy.

Depending on the circumstances, you may be entitled to a repair, replacement, refund, cancellation or compensation if a product fails to meet an applicable consumer guarantee.

Our Refund Policy explains our normal return and refund process but does not replace or limit your rights under the Australian Consumer Law.

SECTION 7 - INTELLECTUAL PROPERTY

Unless otherwise stated, the content made available through the Services—including our branding, logos, artwork, graphics, photography, product designs, text, video, audio and website design—is owned by or licensed to Salty Worn and is protected by Australian and other applicable intellectual property laws.

You may access and use the Services for personal, non-commercial purposes.

You must not copy, reproduce, republish, distribute, modify, sell or commercially exploit our content without our prior written permission, except where permitted by law.

The Salty Worn name, logos, artwork and branding must not be used in a way that suggests association with, endorsement by or authorisation from Salty Worn without our permission.

Shopify and other third-party names, logos and trademarks remain the property of their respective owners.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to features, applications or tools operated by third parties.

We do not control those third-party services and their use may be subject to separate terms and privacy policies.

To the extent permitted by law, we are not responsible for third-party services that we do not operate or control.

We may add, change or remove website features and integrations from time to time.

SECTION 9 - THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

We are not responsible for the content, accuracy, availability or practices of third-party websites that we do not control.

If you choose to access or purchase from a third-party website, you should review that party's terms and privacy practices.

Questions or disputes relating to third-party products or services should generally be directed to the relevant third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Salty Worn is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Salty Worn.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Salty Worn, including any injury, damage or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Salty Worn.

SECTION 11 - PRIVACY

Personal information we collect through the Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify also processes certain information relating to your access to and use of the Services. Shopify's privacy information can be viewed here.

Information may also be processed by service providers located outside Australia where necessary to operate our store and provide the Services, as described in our Privacy Policy.

SECTION 12 - REVIEWS, FEEDBACK AND SUBMISSIONS

If you voluntarily submit a product review, photograph, comment, suggestion, idea or other content to Salty Worn (“Feedback”), you confirm that you have the right to provide that material.

Unless otherwise agreed, you grant Salty Worn a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that Feedback for purposes connected with operating, improving and promoting Salty Worn and the Services.

You remain responsible for the content you submit.

Feedback must not infringe another person's intellectual property, privacy or other legal rights, contain unlawful or abusive material, or contain malware or malicious code.

We may remove Feedback from our Services where we reasonably believe it breaches these Terms or applicable law.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally our website may contain errors or outdated information relating to matters such as product descriptions, prices, promotions, availability, shipping costs or delivery estimates.

We may correct genuine errors or update information when identified.

If an error materially affects an order you have placed, we will contact you where reasonably practicable and, depending on the circumstances, provide you with the option to proceed on the corrected basis or receive a refund.

Nothing in this section limits any rights you have under applicable law.

SECTION 14 - PROHIBITED USES

You must not use the Services:

for an unlawful, fraudulent or malicious purpose;
to infringe our rights or the rights of another person;
to harass, threaten, defame or abuse another person;
to provide deliberately false or misleading information;
to transmit malware, viruses or harmful code;
to attempt to gain unauthorised access to the Services or another user's account;
to interfere with the security or proper operation of the Services;
to collect personal information about others without authority;
to send spam or other unauthorised communications; or
to scrape, copy or automatically extract substantial parts of the Services in a way that breaches these Terms or applicable law.

We may take reasonable technical measures to protect the Services against misuse or unauthorised access.

SECTION 15 - SUSPENSION AND TERMINATION

We may suspend or terminate access to all or part of the Services where reasonably necessary, including where we reasonably believe you have:

materially breached these Terms;
used the Services unlawfully or fraudulently;
interfered with the security or operation of the Services; or
created a genuine security or legal risk.

Termination of website access does not affect rights and obligations relating to an order already accepted, unless that order is separately cancelled in accordance with these Terms or applicable law.

Any provisions that are intended by their nature to continue after termination will continue to apply.

SECTION 16 - WEBSITE AVAILABILITY AND DISCLAIMER

We aim to keep the website accurate, secure and available, but we do not guarantee that access to the website will always be uninterrupted or error-free.

Information on the website is provided for general information about Salty Worn and our products.

To the extent permitted by law, we are not responsible for temporary interruptions, technical problems or third-party systems outside our reasonable control.

Nothing in this section excludes or limits any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies:

the Australian Consumer Law;
any consumer guarantee, right or remedy that cannot lawfully be excluded; or
liability that cannot lawfully be limited or excluded.

Subject to those rights, and to the extent permitted by law, Salty Worn will not be liable for indirect or consequential loss arising solely from your use or inability to use the website where that loss was not reasonably foreseeable.

Where the Australian Consumer Law entitles you to compensation for reasonably foreseeable loss or damage arising from a failure to comply with a consumer guarantee, nothing in these Terms limits that entitlement.

SECTION 18 - RESPONSIBILITY FOR MISUSE

You are responsible for loss or damage that Salty Worn reasonably incurs as a direct result of your unlawful use of the Services or your material breach of these Terms, to the extent that the loss or damage was caused by you.

You will not be responsible under this section to the extent that the relevant loss or damage was caused or contributed to by Salty Worn's own breach, negligence or unlawful conduct.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue in effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, that does not mean we waive that right.

These Terms, together with the policies and terms incorporated into them by reference, form the agreement between you and Salty Worn regarding your use of the Services.

Nothing in these Terms excludes any representation, right or remedy that cannot lawfully be excluded.

SECTION 21 - ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent.

We may transfer our rights and obligations under these Terms to a related entity or to a purchaser or successor of the Salty Worn business, provided that doing so does not reduce your existing rights under these Terms or applicable law.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of South Australia and the Commonwealth of Australia.

You and Salty Worn submit to the courts of South Australia and any courts entitled to hear appeals from them.

Nothing in this section limits any rights you may have under the Australian Consumer Law or other applicable laws.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO THESE TERMS

You can review the current version of these Terms on this page at any time.

We may update these Terms from time to time to reflect changes to our business, Services or legal obligations.

Where required by law, we will provide appropriate notice of material changes.

Changes will apply from the date stated or, where no date is stated, from the date they are published.

Unless required by law or agreed with you, changes to these Terms will not retrospectively alter the terms applying to an order that we have already accepted.