Terms & Conditions

Last updated: April 2025

1. Introduction

This website (the Site) is operated by Seaside Street, a fashion brand based on the Gold Coast, Queensland, Australia (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2. Use of the Site

2.1 You accept these Terms by placing an order via the Site.

2.2 You must not use the Site and/or place an order unless you are at least 16 years old. Where you are under 16 years old (a Minor), you must obtain parental consent to use the Site. If you are a parent or legal guardian permitting a Minor to use the Site, you agree to:

• supervise the Minor's use of the Site;
• assume all risks associated with, and liabilities resulting from, the Minor's use of the Site;
• ensure all information submitted to us by the Minor is accurate; and
• provide the consents, representations and warranties contained in these Terms on the Minor's behalf.

2.3 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

• anything that would constitute a breach of an individual's privacy or any other legal rights;
• using the Site to defame, harass, threaten, menace or offend any person;
• using the Site for unlawful purposes;
• interfering with any user of the Site;
• tampering with or modifying the Site (including by transmitting viruses or using trojan horses);
• using the Site to send unsolicited electronic messages;
• using data mining, robots, screen scraping or similar data gathering tools on the Site; or
• facilitating or assisting a third party to do any of the above acts.

3. Accounts

3.1 You may purchase products through an account with us. We may allow you to register using a social media account. If you log in through a social media account, you authorise us to access certain basic information in accordance with your privacy settings on that platform.

3.2 You must ensure that any personal information you give us when creating an account is accurate and up to date. All personal information you give us will be treated in accordance with our Privacy Policy.

3.3 It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

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

4.2 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.

4.3 It is your responsibility to check the order details — including selected products, delivery details and pricing — before you submit your order.

4.4 All purchases are subject to availability. We do our best to keep products in stock and to keep the Site up to date with product availability.

4.5 If a product is available for pre-order only (not currently in stock), this will be clearly indicated on the Site. Any estimated dispatch dates are approximate only and we will not be liable for any delay or inaccuracy in those dates.

4.6 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 we cannot supply the products you ordered (for example due to an event beyond our reasonable control), or if the products were subject to an error on the 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.

5. Price and Payments

5.1 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). All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You are responsible for any customs duties or taxes charged on your order.

5.2 You must pay the Price upfront using one of the payment methods set out on the Site.

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

5.4 We may offer payment through a third-party provider (such as Afterpay, PayPal or others). You acknowledge that we have no control over the actions of any third-party payment provider, and your use of those services may be subject to additional terms and conditions.

5.5 We may from time to time issue promotional discount codes for certain products on the Site. To claim a discount, you must enter the promotional code at the time of submitting your order. The conditions of use relating to promotional codes will be set out on the Site.

5.6 We may from time to time run competitions on the Site or on social media. These competitions are subject to their own terms and conditions, which will be made available at the time of the competition.

6. Delivery, Title and Risk

6.1 We will deliver products to the delivery address you provide when placing your order. We deliver to areas as set out on the Site. Please refer to our delivery information to ensure we deliver to your location. If you are outside our delivery area, please contact us to discuss your options.

6.2 Any delivery timeframes displayed on the Site are estimates only, based on information provided by our delivery partners.

6.3 We deliver products using a range of delivery methods. You may need to sign for some deliveries, and you may have the option for our delivery partner to leave the products in a safe place or to collect from a nearby post office or parcel locker.

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

6.5 Risk in the products passes to you as soon as they are delivered to the delivery address you provided in your order.

7. Australian Consumer Law

7.1 We do not accept returns for change of mind. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

7.2 Nothing in these Terms attempts to modify or exclude the conditions, warranties, undertakings or other legal rights under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees that 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 they fail to be of acceptable quality and the failure does not amount to a major failure.

7.3 Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (such as return delivery costs) of returning the products to us.

7.4 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 replacement product or refund you the Price of the relevant product. Please contact us for further information.

8. Limitations of Liability

8.1 Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

• neither party will be liable for Consequential Loss;
• each party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party; and
• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to, and must not exceed, the portion of the Price paid by you for the products the subject of the relevant claim.

8.2 To the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) arising out of or in connection with the Site or its content.

9. Intellectual Property

9.1 All intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel — including in connection with the Site and our products — (Our Intellectual Property) will at all times vest, or remain vested, in us.

9.2 We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

9.3 You must not use Our Intellectual Property for commercial purposes, including to advertise your own business, for resale, or for any other revenue-generating activity.

9.4 You must not, without our prior written consent:

• copy, in whole or in part, any of Our Intellectual Property;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
• breach any intellectual property rights connected with the Site, including altering or modifying Our Intellectual Property, causing it to be framed or embedded in another website, or creating derivative works from it.

9.5 Nothing in the above restricts your ability to post or repost Our Intellectual Property on your own social media page or blog, provided that:

• you do not assert that you are the owner of Our Intellectual Property;
• unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
• you do not damage or take advantage of our reputation in a manner that is illegal, unfair, misleading or deceptive; and
• you comply with all other terms of these Terms.

10. User Content

10.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.

10.2 If you make any User Content available on or through the Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, communicate, publicly display, transmit, stream, broadcast, access or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.

10.3 You are solely responsible for all User Content you make available on or through the Site. You represent and warrant that:

• you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant us the rights in such User Content; and
• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content will infringe any third party's intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

10.4 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time at our sole discretion, remove any User Content.

11. Third Party Sites

11.1 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.

11.2 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 which (if any) links are Affiliate Links.

12. Mobile Messaging

12.1 By providing your mobile phone number and opting into our mobile marketing, you agree that we may send promotional text messages to your mobile device regarding our products and special offers. Your consent is not a condition of purchasing any goods or services.

12.2 Message and data rates may apply. You are responsible for paying your mobile service provider's applicable message and data rates.

12.3 To unsubscribe, text "STOP" to any mobile message from us. After texting STOP, we will send a final confirmation message and no additional texts will be sent.

12.4 Your mobile number will not be shared or used for purposes other than to send you agreed-upon mobile messaging through our approved messaging programme, in accordance with our Privacy Policy.

13. General

13.1 Disputes: A party may not commence court proceedings relating to a dispute without first meeting with the other party to seek (in good faith) to resolve the dispute. Failing resolution, the parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally. Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

13.2 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below, or to you at the details provided when you placed your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

13.3 Force Majeure: Neither party will be liable for any delay or failure to perform their obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the affected party notifies the other party in writing as soon as reasonably practicable and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

13.4 Feedback and Complaints: We are always looking to improve. If you have any feedback or a complaint, please contact us using the details below and we will take reasonable steps to address your concerns.

13.5 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

13.6 Amendment: We may, at any time and at our discretion, vary these Terms by publishing the updated terms on the Site. We recommend you carefully read the terms in effect at the time of each order. For any order already accepted by us, the terms that applied at the time you placed that order will continue to apply.

13.7 Governing Law: These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts.

14. Definitions

Consequential Loss means any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, and/or any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. Your obligation to pay us the Price will not constitute Consequential Loss.

Force Majeure Event means any event or circumstance which is beyond a party's reasonable control.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Privacy Policy means our privacy policy, available at seasidestreet.com.au/pages/privacy-policy.

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For any questions and notices, please contact us at:

Seaside Street
Email: seasisdestreetco@gmail.com