If you're looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.
We separated these terms into two parts, so they are easy to read and understand.
Please let us know if you have any questions about these terms, and don't continue using this Website or purchase any Products unless you have read and agree to these terms.
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
A. For When You Buy Products...
SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
- (i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- (ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part B which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
ACCOUNTS
(a) You may submit an Order as a guest or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You agree that you are solely responsible for:
- (i) maintaining the confidentiality and security of your Account information and your password; and
- (ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
(d) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(e) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
(g) Where clause 2(f) applies, we may delete any content or materials relating to your use of our services and we will have no liability to you or any third party for doing so. Notwithstanding this, your transaction details may be preserved by Shipy for tax or regulatory compliance purposes.
(h) If your Account remains inactive for a period of two years or more, you acknowledge that we reserve the right to delete your data (including any transactional data) from our Website and records, and you will accordingly not be able to access such data.
PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by Shipy. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
PAYMENT
(a) All prices are:
- (i) per unit (except where indicated);
- (ii) in Australian Dollars; and
- (iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Shipy, you must pay the GST subject to Shipy providing a tax invoice.
(d) (Card surcharges) Shipy reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers such as Paypal (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
DISCOUNT CODES
(a) We may provide promotional offers and codes offering a discount on the Products (Discount Code). To use a Discount Code, you will need to enter the code at checkout.
(b) You agree that Discount Codes cannot be applied retrospectively to an Order. Discount Codes are non-transferable and cannot be redeemed for cash or store credit.
(c) A Discount Code may be subject to additional terms or conditions and we recommend you check the terms of any promotion to avoid disappointment.
(d) We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code.
DELIVERY AND SHIPPING
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you. We offer standard, express shipping and courier services with delivery times reliant on the delivery service provider providing the service.
(b) (Delivery Details) Shipy may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
- (i) delivery is to the delivery point specifically accepted by Shipy; and
- (ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(d) (International Orders) Shipy reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
CHANGES TO YOUR ORDER
CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.
RETURNS AND EXCHANGES
Product Exchange
We do not offer change of mind returns. However, we may, subject to our reasonable discretion, offer product exchanges where you would like an exchange for the same Product for a different size (Exchange). The following process applies to an Exchange:
(a) You may submit a Exchange request through our Website and input the correct Order number. After you submit an Exchange request, you must ship the Product being exchanged (Exchanged Product) at your cost to the return address notified to you (Return Address) within 14 days of the date that the Product was delivered to you (Delivery Date).
(b) All Exchanged Products must be returned:
- (i) in original, unworn, unwashed, undamaged condition, with all tags still attached and no stains, marks, breakages, blemishes or any other imperfections on the Products, as determined in our sole discretion; and
- (ii) together with any proof of purchase, packaging for the Product and any other information reasonably required by us.
(c) We are not responsible for Exchanged Products that are lost in transit or not received. We recommend you return any Exchanged Products with tracking.
(d) If we determine, in our discretion, that you have met the requirements under this clause 8.1, we will issue you a store credit equal to the purchase price of the Product (excluding shipping costs).
(e) If we determine that you have not met the requirements under this clause 8.1, we will not offer a return, and we may either keep the Product or deliver it back to your nominated address (at your cost).
Faulty Products
(a) We will provide a full refund of the price paid for a Product if we determine that:
- (i) a Product you have ordered was not received by you solely due to failure by us;
- (ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
- (iii) a Product is faulty, in accordance with clause 8.2(b), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
(b) The following process applies to any Product you believe to be faulty.
- (i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
- (ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
- (iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
- (iv) If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- (v) If you fail to comply with the provisions of this clause 8.2 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
- (vi) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
INTELLECTUAL PROPERTY
(a) Shipy retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 9, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
RATINGS AND REVIEWS
(a) The Website or our social media platforms may allow you to leave reviews regarding the Products or your experience with us (each a 'Review').
(b) You must provide true, fair and accurate information in your Reviews.
(c) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from using the Website, or submitting future Reviews. We do not undertake to review each Review made by a customer.
(d) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(e) You must only write about your own service experience or the Products you purchased. You are not permitted to write a Review about somebody else's service experience, such as that of a family member or friend.
THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) You agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
B. Liability And Other Legal Terms
LIABILITY
WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a) Products sold by Shipy will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
LIABILITY
(a) To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Shipy under the most recent Order.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
- (a) in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
- (b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
- (a) (singular and plural) words in the singular includes the plural (and vice versa);
- (b) (currency) a reference to $, or "dollar", is to Australian currency;
- (c) (gender) words indicating a gender includes the corresponding words of any other gender;
- (d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party's email addresses set out in this agreement, and the email's subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.