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Terms of service


Our Disclosures:


Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  1. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted;

  2. Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss;

  3. We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties;

  4. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.

However, nothing in these terms limit your rights under the consumer protection laws applicable in your jurisdiction.

 

 

Introduction

 

(a) This website (Site) is operated by us. 

(b) These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

 

 

Use of the Site

 

(a) You accept these Terms by placing an order via the Site.
(b) You must not place an order for products through the Site unless you are at least 18 years old or have your parents permission to place an order with us.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third-party to do any of the above acts.

 

 

Orders

 

(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(e) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. From time to time, products may be available for pre-order through the Site. Pre-ordered products must be paid in advance and will be supplied to you once in stock.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

 

 

Price and payments

 

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the price) in accordance with this clause. Amounts are stated in the currency selected via our currency selector in the footer.

(b) You must pay the price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through various third-party providers available on the Site. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the price. We will never be responsible for these fees nor any loss related to failure of payment for these fees.

(g) We may from time-to-time issue promotional discount codes for certain products on the Site.

(h) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(i) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

(j) You are responsible for any additional fees or charges your bank or payment provider imposes when processing your payment, including any currency conversion or transaction fees. Such fees are determined by your bank or payment provider and are strictly not our responsibility.

 

 

Delivery, title and risk


 (a) We dispatch all orders from Melbourne, Australia and if possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.

(b) Delivery costs are set out on the Site and are to be paid in addition to the Price.

(c) We normally dispatch products within 24-48 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) If you need to change the delivery day or delivery address, please notify us immediately in writing. We will do our best to accommodate any changes but we cannot guarantee that we will be able to change your details once your order has been received.

(e) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(f) Title to the products will remain with us until you have paid the price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

 

 

Returns

 

(a) We offer returns and refunds of products for change of mind where we determine (at our absolute discretion) that:

  • we have received an email from you at customercare@apricitestudios.com requesting to return the product(s) you purchased;

  • you have provided the proof of purchase and you purchased the products within 14 days prior to the request for a refund;

  • the products are in their original condition and have not been used, worn, tried on, damaged, tampered with, washed or altered;

  • the products are in their original undamaged packaging with all product tags still intact;

  • the products were purchased at full price and not during a sale or promotion.

 

 

Warranty 

 

We take pride in the quality and craftsmanship of our products, and as a reflection of the care behind each piece, we offer a 1-year manufacturing warranty valid from the date of the original purchase. 

The warranty covers:

  • Manufacturing defects related to the materials or workmanship.

The warranty does not cover:

  • Damage as a result of misuse, improper care or storage, accidents or lost items

  • Regular wear and tear

  • Shipping damage not caused by us

  • Items bought at a 50% discount or higher, or any items purchased or received for free

Warranty resolution:

For valid claims, we offer repairs (where possible), direct replacement of the faulty item or store credit for the original purchase amount, at our absolute discretion (limited to one replacement per product). Any alteration or abuse voids this warranty. If the delivery address changes, the customer is responsible for any additional shipping costs that exceed the amount paid for the original order’s shipping.


To initiate a warranty claim, please email us at customercare@apricitestudios.com with your order number, a description of the issue along with supporting photos/videos clearly showing the damage. We assess claims on a case-by-case basis, ensuring a fair resolution.

 

Limitations

 

(a) You may have rights under mandatory consumer protection laws in your jurisdiction, and nothing in this clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

  • our maximum aggregate liability arising from or in connection with these Terms will not exceed the portion of the Price paid by you for the products the subject of the relevant claim; and

  • we will not be liable to you for any loss of profit, revenue, business, goodwill, opportunity, savings, data, or any indirect or consequential loss.

(c) We will not be liable for any event or circumstance beyond our reasonable control, including acts of God, natural disasters, strikes, pandemics, or governmental actions.

 

 

Intellectual Property

 

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) remains vested in us.

(b) You are authorised to use Our Intellectual Property solely for personal, non-commercial use, in the manner intended.

(c) You must not use Our Intellectual Property for commercial purposes without our prior written consent.

(d) You must not copy, reproduce, distribute, or create derivative works of Our Intellectual Property without our prior consent.

(e) Nothing in this clause restricts your right to share Our Intellectual Property on personal social media, provided you do not misrepresent ownership or endorsement and comply with these Terms.

 

 

Content you upload

 

(a) You may post, upload, publish, submit or transmit User Content on the Site or via social media Tags.

(b) By posting User Content, you grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to use, adapt, modify, distribute and display your content. We agree to only modify content as reasonably required.

(c) You represent and warrant that you own or have the necessary rights to grant this licence and that your content does not infringe third-party rights or applicable law.

(d) We may remove any User Content at our discretion.

 

 

General

 

(a) Disputes: Neither party may commence court proceedings relating to a dispute without first seeking to resolve it in good faith, unless urgent relief is required.

(b) Notices: Any notice under these Terms must be in writing, sent by post or email to the addresses provided, and will be deemed served 48 hours after posting or upon transmission.

(c) Feedback: For feedback or complaints, contact us using the details below.

(d) Assignment: You may not assign any rights or obligations under these Terms without our prior written consent.

(e) Entire agreement: These Terms constitute the entire agreement between you and us regarding their subject matter, subject to any mandatory rights under your local laws.

(f) Amendment: We may vary these Terms by publishing updated terms on the Site.

(g) Governing law: You may have rights under the consumer protection and contract laws of your jurisdiction. Disputes relating to the company will be subject to the exclusive jurisdiction of the courts where the company is based, and consumer disputes may be brought in your local courts as permitted by applicable law.

(h) Third-party sites: We are not responsible for content on third-party sites linked from our Site.

(i) We, our, or us means APRICITE STUDIOS LTD.

 

For any questions and notices, please contact us at info@apricitestudios.com.