Terms of service

SAINT SOCIAL AGENCY PTY LTD – TERMS AND CONDITIONS

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:

Our liability under these terms is limited as set out in the Limitations section below.

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

Nothing in these terms limit your rights under the Australian Consumer Law.

Introduction
1. This site is operated by Saint Social Agency Pty Ltd (ACN 669 205 681) (we, our or us).
2. These terms and conditions (Terms) govern your use of our website (Site) and the purchase of our merchandise products through our Site. By using our Site or placing an order, you accept these Terms and enter into a binding agreement with us.
3. While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only.
4. We do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
Orders
1. You may order our merchandise products as shown on our Site. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.
2. You must be at least 18 years old to place orders.
3. We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.
4. All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our Site. Any pre-order products (not currently in stock) will be clearly marked on our Site. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.
5. We strive to ensure that product descriptions, specifications, prices, and images on our Site are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.
6. Colours and images displayed on our Site may vary from the actual product due to monitor settings, lighting, and photography.
7. We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our Site (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.
Payments
1. You must pay in full when you place your order. The amount payable includes all product prices, delivery charges, and GST, as displayed at checkout. You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.
2. We accept the payment methods displayed on our Site at the time of purchase. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.
Delivery, title and risk
1. We deliver to areas specified on our Site. If you are outside our delivery area, please contact us to discuss alternative options.
2. Delivery timeframes shown on our Site are estimates only.
3. We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.
4. We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.
5. Risk passes to you upon delivery to your specified address.
Returns
1. We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
  1. you have provided the proof of purchase and you purchased the products within 14 days prior to the request for an exchange or refund;
  2. the products are in their original condition and have not been used, worn, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed;
  3. the products are in their original undamaged packaging with all product tags still intact;
  4. the products are not sale items, custom-made, special buy products or gift vouchers; and
  5. a returns and exchanges form has been completed.
2. We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
3. You may have rights under the Australian Consumer Law (see below) in addition to this clause.
Australian Consumer Law
1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
2. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.
Limitations
1. Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
  1. neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;
  2. each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
  3. each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.
Use of our Site
1. You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute.
2. When using our Site, you must not:
  1. breach any person's privacy, legal rights, or upload personal information without consent;
  2. defame, harass, threaten, or offend any person;
  3. use our Site for any unlawful purpose;
  4. interfere with other users or our Site's operation;
  5. introduce viruses, malware, or attempt to modify or tamper with our Site;
  6. send spam or unsolicited messages;
  7. use automated tools such as bots, scrapers, or data mining software;
  8. assist others in doing any of the above;
  9. provide false, inaccurate, or misleading information;
  10. use another person's details without authorisation; or
  11. fail to maintain the security of any access credentials we provide to you.
3. Posting Content: Users may have the opportunity to upload or post content, including text, images, videos, and other multimedia files to the Site (User Content), subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Site.
4. Licence to Use User Content: By uploading or posting User Content on this Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Site and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
5. User Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit.
6. Content Accuracy and Compliance: You agree that any User Content you provide does not and will not breach any law or infringe the rights of any third party, including copyright, trademark, privacy, and data protection laws.
7. Removal Rights: We reserve the right to edit or remove any User Content at any time without prior notice, for any reason, and without liability to you or any other party. This can include User Content that we believe violates these Terms or our policies, or which we find otherwise objectionable or inappropriate.
8. No Obligation to Publish: We are not obligated to publish any User Content on our Site and can remove it in our discretion, without notice.
Intellectual property
1. Excluding your User Content, all intellectual property rights in our Site, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times unless we agree otherwise in our separate agreement with you to provide our services.
2. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our intellectual property solely for your personal use of the products or our Site as intended.
3. You must not, without our prior written consent:
  1. copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
  2. use our intellectual property for commercial purposes or revenue generation;
  3. modify, adapt, or create derivative works from our intellectual property;
  4. frame or embed our content in another Site; or
  5. remove or alter any copyright notices or proprietary markings.
4. You may share our content on social media or personal blogs provided you:
  1. do not claim ownership of our intellectual property;
  2. do not imply our endorsement unless explicitly agreed in writing; and
  3. do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.
5. If you submit content to our Site (such as reviews, comments, or feedback), you:
  1. grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
  2. warrant that you own the content or have permission to submit it;
  3. acknowledge that we may remove any content at our discretion; and
  4. remain responsible for ensuring your content does not infringe third-party rights or violate any laws.
Third party sites
1. The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
2. 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 (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
General
1. Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any dispute in good faith. If this fails, the parties will engage a mediator, with mediation costs shared equally. This does not prevent either party from seeking urgent court orders when necessary.
2. Notices: All notices must be in writing and sent to the contact details provided during your order or to our details below. Notices sent by post are deemed received after 48 hours, and emails are deemed received when sent.
3. Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as supply chain disruptions, cyber attacks, natural disasters, government actions, or pandemics), provided the affected party promptly notifies the other party and uses reasonable efforts to minimise the impact.
4. Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.
5. Privacy: We collect, use, and disclose your personal information in accordance with our privacy policy available on our Site.
6. Amendment: We may update these Terms at any time by publishing revised terms on our Site. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.
7. Governing law: These Terms are governed by the laws of Victoria. Both parties submit to the exclusive jurisdiction of the courts operating in Victoria and any appeal courts, and waive any objection to proceedings in those courts.
8. Discontinuance: We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

For any questions and notices, please contact us at:

Saint Social Agency Pty Ltd (ACN 669 205 681)

Email: ella@saintsocial.com.au

Terms of service

Select options