Terms & Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Return window: the period during which the customer can make use of our voluntary change-of-mind return policy.
Consumer: the individual who isn't acting for purposes related to their trade, business or profession, and who enters into a distance contract with the trader.
Day: calendar day.
Successive performance transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread out over time.
Durable medium: any means that allows the consumer or trader to store information addressed to them personally, in a way that allows future access and unchanged reproduction of the stored information.
Consumer guarantees: the guarantees that apply automatically under the Australian Consumer Law and can't be excluded.
Trader: the individual or legal entity that offers products and/or services to consumers at a distance.
Distance contract: a contract concluded exclusively through one or more means of distance communication, as part of an organised system for distance selling run by the trader.
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
Terms & Conditions: these terms and conditions of the trader.

Article 2 – Trader details

Business details

Zeliann
ABN: 12 345 678 901
Email: info@zeliann.com
Phone: +61 2 1234 5678

Article 3 – Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract entered into between the trader and the consumer.

Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. Where this isn't reasonably possible, the trader will indicate, before the contract is concluded, where the terms can be viewed and that they'll be sent free of charge on request.

If the distance contract is concluded electronically, the text of these terms may be made available electronically, in a way that allows the consumer to store them on a durable medium.

Where specific terms for a particular product or service apply in addition to these terms and conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms, the consumer may always rely on whichever provision is most favourable to them.

If one or more provisions of these terms and conditions are or become void, the remaining provisions continue to apply in full. The affected provision will be replaced, by mutual agreement, with a provision that comes as close as possible to the original intent.

Situations not covered by these terms and conditions should be assessed in keeping with their spirit.

Any uncertainty about the interpretation or content of one or more provisions should likewise be interpreted in keeping with the spirit of these terms and conditions.

Article 4 – The offer

If an offer is subject to a limited validity period or to conditions, this is stated explicitly.

The offer is without obligation. The trader has the right to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to properly assess the offer. Where the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes don't bind the trader.

All images, specifications and data are indicative only and can't give rise to compensation or contract termination.

Images accompanying products are a true representation of the products offered. The trader can't guarantee that the colours shown exactly match the actual colours of the products.

Every offer contains information that makes clear to the consumer what rights and obligations come with accepting the offer, including:

the price, including GST where applicable;
any shipping costs;
how the contract will be concluded and the steps needed to do so;
whether or not a voluntary return policy applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the price is guaranteed;
the cost of distance communication where charged at a rate other than the standard base rate;
whether the contract is archived after it's concluded and, if so, how the consumer can access it;
how the consumer can check and, where necessary, correct the details they provided before the contract was concluded;
the languages in which the contract can be concluded;
any codes of conduct the trader is subject to;
the minimum duration of the distance contract in the case of a successive performance transaction.

Optional: available sizes, colours and materials.

Article 5 – The contract

The contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.

If the consumer accepted the offer electronically, the trader will promptly confirm receipt of that acceptance. Until receipt of the acceptance has been confirmed, the consumer may cancel the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will maintain a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this.

Within the limits of the law, the trader may look into the consumer's ability to meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this review, the trader has good reason not to enter into the contract, it's entitled to refuse an order or attach special conditions to its performance.

The trader will provide the consumer with the following information in writing or on a durable medium:

the trader's business address where the consumer can send complaints;
the conditions for and how the consumer can make use of our voluntary return policy, and details of the consumer guarantees that apply under the Australian Consumer Law;
information about warranties and existing after-sales service;
the information set out in Article 4, paragraph 3, unless already provided beforehand;
the conditions for ending the contract if it runs for more than a year or for an indefinite period.

In the case of a successive performance transaction, this information is only provided at the time of the first delivery.

Every contract is concluded subject to the products in question being sufficiently available.

Article 6 – Consumer guarantees and change-of-mind returns

Under the Australian Consumer Law, products come with guarantees that can't be excluded. Where a product has a major failure, you're entitled to choose between a refund or replacement, and to compensation for any other reasonably foreseeable loss or damage. Where a failure doesn't amount to a major failure, you're entitled to have the product repaired or replaced within a reasonable time.

Unlike some overseas jurisdictions, Australian law doesn't give consumers a general statutory right to cancel an ordinary online purchase simply because they've changed their mind. As a matter of our own store policy, however, we offer a voluntary 14-day change-of-mind return window. Full details of how this works, and what it doesn't cover, are set out on our Exchanges & Returns page.

Nothing in this Article, or in our voluntary return policy, limits or replaces your rights under the Australian Consumer Law.

Article 7 – Costs of returning a product

For a change-of-mind return made under our voluntary return policy, return shipping costs are the customer's responsibility, as set out on our Exchanges & Returns page.

Where a product is faulty, not fit for purpose, or not as described, and a consumer guarantee under the Australian Consumer Law applies, we will cover the reasonable cost of returning that product to us.

Article 8 – Exclusions from change-of-mind returns

Our voluntary change-of-mind return policy doesn't cover:

products made to the consumer's specifications or that are clearly personalised;
products that, by their nature, can't be returned;
products that can deteriorate or go out of date quickly;
products whose price is subject to fluctuations in the financial market;
hygiene products where the seal has been broken.

None of these exclusions affect your rights under the Australian Consumer Law where a product is faulty, not fit for purpose, or not as described.

Article 9 – Price

During the validity period stated in the offer, the prices of the products offered won't be increased, except in the event of changes to GST or other applicable taxes.

Products whose prices are subject to fluctuations in the financial market, which the trader has no control over, may be offered at variable prices; this will be stated where applicable.

Price increases within 3 months of the contract being concluded are only permitted if they result from legal requirements.

Price increases after 3 months are only permitted if this has been agreed and the consumer has the right to cancel the contract effective from the date the increase takes effect.

Where delivery takes place outside Australia, any import duties or taxes are charged to the recipient by the carrier.

The trader isn't liable for obvious printing and typesetting errors.

Article 10 – Conformity and warranty

The trader guarantees that the products conform to the contract, to the specifications stated in the offer, and to the legal requirements in force at the time the contract was concluded.

A warranty provided by the trader, manufacturer or importer doesn't affect the consumer's statutory rights and remedies under the Australian Consumer Law.

Defects should be reported as soon as reasonably possible after delivery. Products must be returned in their original packaging and in new condition where a change-of-mind return applies; this doesn't affect your rights under the Australian Consumer Law for faulty or misdescribed products.

The warranty is equivalent to the manufacturer's warranty. The trader isn't responsible for the products' suitability for a particular purpose unless that purpose was made known to the trader.

The warranty doesn't apply if:

the consumer has repaired or modified the product themselves;
the product has been used inappropriately or incorrectly, or exposed to abnormal conditions;
the defect results from requirements imposed by public authorities.

Article 11 – Delivery and performance

The trader will take the greatest possible care when receiving and processing product orders.

The place of delivery is the address the consumer has given to the trader.

Orders will be carried out within 30 days, unless otherwise agreed. In the event of a delay, the consumer will be informed and has the right to cancel the contract.

In the event of cancellation, the amount will be refunded as soon as possible, and no later than within 14 days.

If delivery of an ordered product turns out to be impossible, a replacement item may be offered, and the consumer may cancel the order.

The risk of damage to and/or loss of the products rests with the trader until the moment of delivery.

Article 12 – Successive performance transactions: duration, termination and renewal

The consumer may end a contract of indefinite duration at any time, subject to a maximum notice period of one month.

A fixed-term contract may be ended at the end of its term, subject to a maximum notice period of one month.

Contracts can't be tacitly renewed, except for newspapers and magazines.

Trial contracts aren't automatically extended.

If a contract runs for more than a year, the consumer may, after one year, end it at any time subject to a maximum notice period of one month.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days of the order being placed.

The consumer must promptly report any inaccuracy in the payment details provided or stated to the trader.

In the event of non-payment, reasonable costs may be charged.

Article 14 – Complaints

Complaints about the performance of the contract must be submitted to the trader, described fully and clearly, within 7 days of the defect being discovered.

Complaints submitted will receive a response within 14 days. If a complaint requires a longer processing time, an acknowledgement of receipt will be sent within 14 days.

A complaint doesn't suspend the consumer's obligations.

If a complaint is found to be justified, the trader will, at its discretion, either replace or repair the product free of charge, or provide a refund, consistent with the consumer's rights under the Australian Consumer Law.

Article 15 – Disputes

These terms and conditions are governed by the laws of Australia. Nothing in these terms limits or excludes any right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or other applicable law.