Term and Condition

T&C

  1. About the Website

(a) Welcome to Ember Wardrobe (“Website”). The Website allows you to browse and purchase clothing and related products (“Products”).
(b) The Website is operated by Ember Wardrobe Pty Ltd (ABN 28 653 941 436).
(c) By accessing or using our Website and services (“Services”), you agree to be bound by these Terms.
(d) We may update these Terms at any time. Changes take effect upon publication.

  1. Eligibility & Acceptance

(a) By using the Website, you confirm that you:

  • Are at least 18 years old or legally capable of entering a contract under Australian law
  • Agree to comply with these Terms

(b) If you do not agree, you must stop using the Website immediately.

  1. User Accounts

(a) To access certain features, you may be required to register and provide accurate information, including:

  • Name, email, phone number
  • Delivery address
  • Body measurements (if applicable)

(b) You are responsible for maintaining the confidentiality of your account.
(c) You must notify us immediately of any unauthorised use.

  1. Acceptable Use

You agree not to:

  • Use the Website for unlawful or fraudulent purposes
  • Interfere with Website security or functionality
  • Use automated systems (bots, scraping, etc.)
  • Send spam or unauthorised promotions

We may suspend or terminate access for violations.

  1. Orders & Payments

(a) All prices are listed in AUD unless stated otherwise.
(b) Payment must be made at checkout via approved payment providers.
(c) Orders are confirmed once payment is successfully processed.
(d) We reserve the right to cancel or refuse orders (e.g., pricing errors, suspected fraud).

  1. Returns & Refunds

(a) Returns are accepted within 3 days of delivery, provided items are unused, unworn, and in original condition.
(b) Change-of-mind returns are not guaranteed.
(c) Return shipping costs are the customer’s responsibility unless the Product is faulty.

(d) Australian Consumer Law (ACL):
Nothing in these Terms excludes your rights under the ACL. You are entitled to:

  • A refund or replacement for major failures
  • Repair or replacement for minor failures
  • Refer to the Returns and Refunds policy for detailed understanding
  1. Product Information & Custom Orders

(a) We make reasonable efforts to display Products accurately; however:

  • Colours and textures may vary
  • Fit may differ slightly

(b) You are responsible for providing accurate measurements for customised Products.
(c) Custom or made-to-order items may not be eligible for return unless faulty.

  1. Delivery

(a) We use third-party delivery providers.
(b) Delivery timeframes are estimates only.
(c) Risk in the Products passes to you upon delivery.
(d) For lost or damaged goods, you must contact the courier and notify us.

  1. Warranty

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to repair, replacement, or refund where applicable.

  1. Intellectual Property

All Website content (including designs, logos, images, and text) is owned by Ember Wardrobe Pty Ltd and protected under Australian law.
You must not reproduce or use any content without prior written consent.

  1. Privacy

We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

  1. Disclaimer

(a) Products are provided on an “as is” and “as available” basis.
(b) We do not guarantee uninterrupted or error-free Website operation.
(c) To the extent permitted by law, we exclude all warranties not expressly stated.

  1. Limitation of Liability

(a) To the extent permitted by law, we are not liable for indirect or consequential loss.
(b) Our total liability is limited to:

  • Replacement of the Product; or
  • Refund of the purchase price

(c) Nothing limits your rights under the ACL.

  1. Termination

We may suspend or terminate your access if you breach these Terms or applicable laws.

  1. Indemnity

You agree to indemnify Ember Wardrobe Pty Ltd against any claims, damages, or losses arising from your misuse of the Website or breach of these Terms.

  1. Dispute Resolution

(a) Parties agree to attempt to resolve disputes through good-faith negotiation.
(b) If unresolved within 14 days, disputes may proceed to mediation in Victoria, Australia before court action.

  1. Governing Law

These Terms are governed by the laws of Victoria, Australia.
You submit to the exclusive jurisdiction of its courts.

  1. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.