Terms of service
WEBSITE TERMS AND CONDITIONS
Legal entity: SNDYS Pty Ltd (ACN 633 981 192, ABN 13 633 981 192), trading as SNDYS and SNDYS The Label
Website: sndys.com.au
Customer care: customercare@sndys.com.au
Address: 80 Captain Cook Drive, Caringbah NSW 2229, Australia
Welcome to SNDYS. These Website Terms and Conditions explain the rules for using our website and for buying from us on our website. We have kept them as clear and simple as we can, and they do not take away any rights you have under the law where you live.
By using our website or placing an order on it, you agree to these Terms and Conditions. If you do not agree, please do not use our website or place an order. The SNDYS app, and orders placed through it, are governed by our App Terms of Use.
Your consumer 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1. ABOUT THIS SITE
a) Who we are. The website at sndys.com.au and the SNDYS app are owned and operated by SNDYS Pty Ltd (ABN 13 633 981 192), a company based in New South Wales, Australia (SNDYS, we, us and our).
b) Which SNDYS store applies to you. SNDYS has two online stores:
i) sndys.com.au, operated by SNDYS Pty Ltd, for customers in Australia and all other countries we deliver to outside the United States, which these Terms and Conditions apply to. The SNDYS app (App) is also operated by SNDYS Pty Ltd and has its own App Terms of Use; and
ii) sndysthelabel.com, operated by our related company Sundays LLC, for customers in the United States, which has its own terms and conditions.
c) We may redirect you to the store for your location (although we will not automatically redirect customers in the European Union without their consent). Before you place an Order, please check you are shopping on the right store for your delivery address, including the currency, prices, delivery costs, duties and taxes shown at checkout. If you order from this store for delivery to the United States, we may cancel your Order and give you a full refund, or ask you to order through sndysthelabel.com.
d) Prices, Products, promotions, promo codes, gift cards and store credit can differ between our two stores and can only be used on the store they were issued for, unless we tell you otherwise.
e) Words we use. In these Terms and Conditions:
i) Consumer Law means the Australian Consumer Law and any other consumer protection law that applies to you and cannot be excluded, including the consumer laws of the United Kingdom, the European Union or the country where you live;
ii) Order means an order you place for Products through the Site;
iii) Policies means our Returns Policy and Shipping Policy, each as published on the Site;
iv) Products means the clothing, accessories, gift cards and other goods we sell on the Site; and
v) Site means sndys.com.au and any related pages, checkout pages and customer accounts we operate for customers outside the United States.
f) Our other policies. Our Returns Policy and Shipping Policy also apply to your Orders, so please read them before you buy.
g) If something is inconsistent. If anything is inconsistent, the Consumer Law comes first, then these Terms and Conditions, then our other Policies.
h) Changes to these terms. We may update these Terms and Conditions from time to time, for example to reflect changes in the law, our Products or how we operate. The updated version applies from when it is published on the Site, and the version in force when you place an Order applies to that Order. We will give you reasonable notice of any change that significantly affects you. A change will not reduce the value or shorten the expiry date of a gift card already issued. If you do not agree to a change, you can stop using the Site and close your account.
2. YOUR ACCOUNT
a) You must be at least 18 years old to create an account or place an Order. By creating an account or placing an Order, you confirm that you are 18 or older. If you are under 18, a parent or guardian must place the Order for you.
b) The Site is for personal shopping. You must not buy Products for resale unless we have agreed in writing, for example through our wholesale program.
c) You can shop as a guest or create an account. Your account lets you view your Orders, save your details and manage your preferences. We sign you in using a one time code sent to your email address, so please keep your email account secure.
d) Please give us accurate and complete details, keep them up to date and do not share your account or sign in codes with anyone. You are responsible for activity on your account, except activity we cause or that happens because we did not take reasonable security steps. If you think someone has accessed your account without permission, please tell us straight away.
e) You can delete your account at any time through your account settings in the App, or by emailing us.
f) We may suspend or close your account, or refuse to accept Orders from you, if we reasonably believe that:
i) you have seriously breached these Terms and Conditions;
ii) there is fraud, suspected fraud or unauthorised use of a payment method on your account;
iii) you are buying Products for resale without our consent, or using automated tools to place Orders;
iv) you have repeatedly made claims for missing, lost or faulty Products, or disputed payments with your bank or payment provider, that we reasonably consider are not genuine; or
v) you have been abusive, threatening or offensive towards our team.
Where it is reasonable to do so, we will tell you why and give you a chance to respond. This does not affect your rights under the Consumer Law for Orders you have already placed. If we close your account, you can still use any gift card balance, unless we reasonably believe the gift card was obtained fraudulently.
3. PRICES AND PRODUCT DESCRIPTIONS
a) Colours and images. We take care to show our Products accurately. However, colours, textures and prints can look different depending on lighting, photography and your screen, and prints and natural fibres can vary slightly from piece to piece. This does not affect your rights if a Product is significantly different from its description or images.
b) Sizing. Our size guide is a guide only. Measurements are approximate and fit can vary between styles and fabrics. Where we show a model's height, measurements or size, every body is different and a Product may fit you differently. Please check the measurements on the product page before you order.
c) Care. Care instructions are on the label sewn into each garment. Please check and follow them. Damage from not following the care instructions, accidental damage and normal wear and tear are not faults. However, a Product that wears out sooner than a reasonable consumer would expect may not be of acceptable quality.
d) Availability. Products are subject to availability. Many of our Products are made in limited quantities and may sell out or be discontinued without notice.
e) AI images. Where we use an image created or changed with artificial intelligence to show a Product (for example, because the Product is not yet in stock), we will say so on the product page.
f) Suitability. If you need a Product for a particular purpose, please ask us before you buy and we will let you know if it is suitable.
g) Prices. Prices for delivery in Australia are in Australian dollars and include GST. If you shop from outside Australia, prices may be shown in your local currency using the currency conversion provided by our e-commerce platform, Shopify, and the converted amount is what you will be charged. Delivery costs, and for some countries duties and taxes, are shown at checkout before you pay (see sections 7 and 8).
h) Price changes. We may change our prices at any time, but this will not affect an Order we have already accepted, except for pricing errors (see section 4(h)). Prices do not apply to previous purchases, and we do not offer price adjustments or price matching if a Product goes on sale after you buy it.
4. PLACING AN ORDER
a) Your Order. When you place an Order, you are offering to buy the Products in your Order on these Terms and Conditions. Please check sizes, colours, quantities and your delivery address before you submit it.
b) Order confirmation. After you place an Order, we will email you to confirm we have received it. This email does not mean your Order has been accepted.
c) When we accept your Order. We accept your Order, and a contract between you and us is formed, when we dispatch the Products and email you a dispatch confirmation. If your Order is sent in more than one parcel, each dispatch confirmation is our acceptance of the Products in that parcel.
d) No pick up. We do not offer pick up of online Orders from our warehouse or at warehouse sales.
e) App orders. Orders placed through the App are governed by our App Terms of Use.
f) Changing your Order. Our warehouse starts packing Orders very quickly. If you need to change your Order or delivery address, please email customercare@sndys.com.au as soon as possible, and within 1 hour of placing your Order. We will do our best to help but cannot guarantee a change, particularly on weekends and during sale periods.
g) Cancelling your Order. Once your Order has been processed for dispatch, we may not be able to stop it. Once it has been dispatched, it cannot be cancelled, except where you have a right to cancel under section 9 or the Consumer Law, or where we agree. You may be able to return Products under our Returns Policy. To be eligible for a change of mind refund, exchange or store credit, Products must be returned unworn, unwashed, undamaged and with all tags attached, as set out in our Returns Policy. This does not affect your rights if a Product is faulty.
h) Pricing errors. Occasionally a Product may be listed at the wrong price. If we find an error before we dispatch your Order:
i) if the correct price is lower than what you paid, we will charge you the lower price and refund the difference;
ii) if the error is minor, we may choose to honour the listed price; and
iii) if the error is obvious or significant (for example, a Product is shown as free or at a fraction of its usual price), we may cancel the affected Order or items and give you a full refund, even if we have sent you an order confirmation.
i) Sold out after you ordered. Occasionally a Product sells out after you have ordered it, for example during a busy drop or sale. If this happens:
i) we will contact you to offer an alternative size or colour (where available) or a cancellation and full refund for the affected items;
ii) any alternative is subject to stock still being available when you reply; and
iii) if you do not reply within the time stated in our email (usually 48 hours), we may cancel the affected items and refund you.
j) Bulk cancellations. Where a large number of Orders are affected by a stock or pricing error, we may cancel and refund all affected Orders without first offering alternatives. We will let you know by email.
k) Other cancellations. We may also refuse or cancel an Order, in whole or in part, if:
i) it fails our fraud or security checks, or we reasonably suspect fraud or unauthorised use of a payment method;
ii) we cannot verify your identity or payment details after asking you to;
iii) it exceeds a purchase limit, or we reasonably believe the Products are being bought for resale;
iv) a promo code has been misused (see section 11);
v) we cannot deliver to your address or country; or
vi) an event beyond our reasonable control prevents us from fulfilling it.
l) Refunds for cancelled Orders. If we cancel all or part of your Order, we will tell you and refund the amount you paid for the cancelled items (including delivery costs for a fully cancelled Order) to your original payment method, usually within 5 to 10 business days. To the extent permitted by law, the refund is our only obligation to you for the cancellation.
5. PRE ORDERS
a) Some Products are available to pre order before they arrive in our warehouse. The estimated dispatch timeframe for each pre order Product is shown on its product page and is usually up to 8 weeks.
b) You pay the full price of a pre order Product when you place your Order. Despite section 4(c), a contract for a pre order Product is formed when we email you your order confirmation, and our rights for pricing errors, sold out stock and other cancellations in section 4 continue to apply until it is dispatched.
c) If your Order contains both pre order and in stock Products, it will be split. Your in stock Products will be sent first and your pre order Products will be sent when they arrive.
d) Pre order timeframes are estimates based on information from our manufacturers and logistics partners. If a timeframe changes, we will update the product page. If there is a significant delay, we will email you with the new estimated timeframe and give you the option to cancel the pre order items for a full refund.
e) If a pre order Product has not been dispatched within a reasonable time after the estimated timeframe shown when you ordered, you may cancel it for a full refund at any time before it is dispatched by emailing customercare@sndys.com.au.
f) Pre order Products are covered by our Returns Policy in the same way as other Products.
6. PAYMENT, INCLUDING AFTERPAY AND KLARNA
a) We accept the payment methods shown at checkout from time to time, which may include Visa, Mastercard and American Express through Shopify Payments, Apple Pay, Shop Pay, PayPal, Afterpay and Klarna. We do not charge a surcharge for any payment method.
b) If you pay with a buy now pay later service such as Afterpay or Klarna, that service is provided by the provider under its own terms, and your agreement with them is separate from your agreement with us. If we refund an Order paid this way, the refund is processed through the provider and adjusts your payment plan, and any amount you have already paid is refunded to you.
c) If you shop in a currency other than Australian dollars, your bank or card provider may charge its own fees or use a different exchange rate, and we are not responsible for those charges. Refunds are made in the currency you paid in, at the exchange rate applied to your original Order.
d) We may run fraud and security checks on any Order, including automated checks provided by Shopify, and may ask you to verify your identity or payment details before we dispatch.
e) If you have a problem with your Order, please contact us first at customercare@sndys.com.au so we can try to fix it. If you dispute a payment with your bank, card provider or payment provider (a chargeback) instead, we will respond to the dispute and give them evidence of your Order. This may include your order details, payment and fraud check records, tracking, proof of delivery (including any Safe Drop photo) and our communications with you. If a chargeback is made for an Order we delivered in line with these Terms and Conditions, or for any other reason that is not genuine, the amount reversed is a debt you owe us. We may recover that debt from you, including through a debt collection agency, and may suspend or close your account and refuse future Orders until it is paid. This does not affect your rights under the Consumer Law or our Returns Policy, or your right to dispute a payment you did not authorise or where we have not met our obligations to you.
7. DELIVERY
a) Delivery options and timeframes. Delivery options, costs, free delivery thresholds and estimated timeframes are set out in our Shipping Policy and shown at checkout. Timeframes are estimates and start when your Order is dispatched, not when it is placed. Dispatch can take longer during sale periods and around public holidays.
b) Your delivery address. Please give us a complete and accurate delivery address. Changes must be made through our customer care team before dispatch, not directly with the courier. Subject to section 9, if a parcel is returned to us because the address was incorrect or incomplete, you did not collect it or you refused delivery (including by refusing to pay duties or taxes), we may charge you the cost of sending it again or deduct the reasonable delivery, return and customs costs we actually incur from your refund.
c) Safe Drop. For deliveries in Australia, you can choose Safe Drop (authority to leave). If you do, you authorise the courier to leave your parcel at your address without a signature, and you are responsible for choosing a secure place. International deliveries may need a signature.
d) Ownership and risk. The Products become yours when we receive full payment. You are responsible for them once they are delivered to the address you gave us, including when the courier leaves them there under Safe Drop. If you are a consumer in the United Kingdom or European Union, you are responsible for them once you, or a person you nominate (other than the courier), take physical possession of them, or once they are left in a safe place you nominated.
e) Lost, missing or stolen parcels. If your parcel has not arrived within the estimated timeframe, or tracking shows it was delivered but you cannot find it, please contact us. We will raise an investigation with the courier for you, which can take up to 10 business days. Then:
i) if the courier confirms the parcel was lost or damaged before it was delivered, we will send you a replacement (if available) or a full refund;
ii) if the courier has proof of delivery (such as a signature, delivery photo or location record) to the address you gave us, including under Safe Drop, you are responsible for the parcel from that point, but we may choose to resend, offer store credit or refund at our discretion; and
iii) if the parcel was lost or misdelivered because of an incorrect address you gave us, or because you did not collect it, you are responsible for the loss.
f) Damaged in transit. If your parcel arrives damaged, please contact us with photos of the packaging and Products as soon as you can so we can help. Your rights under the Consumer Law apply.
g) Shipping protection. We do not currently offer paid shipping protection. If we introduce it, any extra terms will be shown at checkout.
8. INTERNATIONAL ORDERS
a) Where we deliver. We aim to make our Products available to as many customers as possible, and we deliver to most countries, but not all. The countries we deliver to are shown at checkout and may change at any time. Sometimes we cannot deliver to a country because of the law, sanctions, import restrictions, local conditions, courier availability, delivery costs or other business reasons. This is never a reflection on our customers. If we do not currently deliver to your country, please contact us and we will let you know if we can help.
b) Duties and taxes. How duties and taxes are handled depends on where your Order is going, and checkout will show you which applies before you pay:
i) for deliveries to the United Kingdom and the European Union, and any other destination where checkout shows that duties and taxes are included in your price (delivered duty paid), you will not be asked to pay them on delivery; and
ii) otherwise, for deliveries outside Australia, prices do not include import duties, taxes, customs charges or brokerage fees (delivered duty unpaid). These are set by your country's customs authority and are payable by you on delivery, and are not refundable by us except where required by the Consumer Law (for example, if a Product is faulty). Please check with your local customs office before you order.
c) Refusing to pay duties. Subject to section 9, if you refuse to pay duties or taxes on delivery, your parcel may be returned to us or destroyed by customs. If it is returned, we will refund the Products less the reasonable delivery, return and customs costs we actually incur. If customs destroys it, we may not be able to refund you, except where required by the Consumer Law.
d) Customs delays. Customs processing can delay delivery, and we are not responsible for customs delays, except where required by the Consumer Law.
e) Local laws. You are responsible for making sure the Products you order can lawfully be imported into your country.
f) International returns. International returns are handled under our Returns Policy. For some countries, returns may be sent to a local returns partner, who will send them on to us.
9. CUSTOMERS IN THE UNITED KINGDOM AND EUROPEAN UNION
If you are a consumer living in the United Kingdom or a European Union country, this section applies to you as well as the rest of these Terms and Conditions, and it prevails over anything inconsistent.
a) Your right to cancel. You can cancel your contract with us within 14 days, without giving a reason. The cancellation period ends 14 days after the day you, or a person you nominate (other than the courier), receive the Products. If your Order arrives in more than one parcel, it ends 14 days after you receive the last parcel.
b) How to cancel. To cancel, you must tell us clearly before the cancellation period ends. You can do this by:
i) if you live in the European Union, using our "withdraw from contract here" link, which you can find in the footer of every page of our website, in the App and in your order confirmation email, and which is available throughout the cancellation period. Follow the steps to give or confirm your name, the Order and Products you want to cancel and the email address for our acknowledgement, and then select "confirm withdrawal";
ii) emailing customercare@sndys.com.au with your name, Order number and the Products you want to cancel; or
iii) completing the model cancellation form in paragraph (h) and emailing it to us, although you do not have to use it.
We will acknowledge your cancellation by email without undue delay, setting out what you told us and the date and time you cancelled.
c) Sending the Products back. You must send the Products back to us, or to the returns address we give you, without undue delay and no later than 14 days after you tell us you are cancelling. Unless we tell you otherwise when you cancel, you pay the direct cost of returning them.
d) Your refund. We will refund everything you paid, including standard delivery, within 14 days after we receive the Products back or you give us evidence you have sent them, whichever is earlier. If you cancel before the Products are dispatched, we will refund you within 14 days after you tell us. If you chose a more expensive delivery option than our cheapest standard option, we do not have to refund the extra. We will refund to your original payment method unless you agree otherwise, and you will not pay any fees for the refund.
e) Trying the Products on. You can handle the Products as you would in a shop, for example by trying them on to check the size and fit. If you wear, wash, alter or damage a Product, remove or damage its tags, or handle it more than you would in a shop, you are not entitled to a refund for that Product. This does not affect your rights if a Product is faulty.
f) Exceptions. The right to cancel does not apply to sealed goods that are not suitable for return for health or hygiene reasons (such as earrings) once unsealed, or to goods made to your specifications or clearly personalised.
g) Your other legal rights. Your right to cancel is in addition to your legal rights for Products that are faulty or not as described, including under the Consumer Rights Act 2015 (UK) and the legal guarantee of conformity in your EU country. Our Returns Policy and any "sale" or "final sale" description do not affect these rights.
h) Model cancellation form. To SNDYS Pty Ltd, 80 Captain Cook Drive, Caringbah NSW 2229, Australia, customercare@sndys.com.au: I/We* hereby give notice that I/We* cancel (UK) / withdraw from (EU)* my/our* contract of sale of the following goods: ________. Ordered on* ________ / received on* ________. Name of consumer(s): ________. Address of consumer(s): ________. Signature of consumer(s) (only if this form is notified on paper): ________. Date: ________. *Delete as appropriate.
10. GIFT CARDS
a) Our gift cards are digital only and are emailed to the address given at checkout. We do not sell physical gift cards online. From time to time we may give a physical card or code for promotional or charitable purposes, which is treated as a gift card under this section.
b) Gift cards are valid for 3 years from the date of purchase or issue, unless a longer period is required by the law of your country. The expiry date is shown on the gift card email.
c) Gift cards can be used on sndys.com.au and through the App. They cannot be used on sndysthelabel.com, at warehouse sales or with our wholesale program.
d) Gift cards cannot be bought with a promo code, are excluded from promotions and discounts, and cannot be redeemed for cash, reloaded or resold, except where the law requires. We do not charge any fees on gift cards after purchase.
e) If your Order is worth more than your gift card balance, you can pay the difference with another accepted payment method. Any unused balance stays on the gift card until it expires.
f) If you return a Product bought with a gift card, or we cancel an Order paid by gift card, the refund will go back on the gift card or, if that is not possible, be issued as a new gift card for the same amount valid for at least 3 years, unless the Consumer Law requires otherwise.
g) Please treat your gift card like cash. We are not responsible for lost, stolen or deleted gift cards or codes, or for a gift card used without your permission, unless this happened because of our error. If you lose a gift card, contact us and we may replace the remaining balance at our discretion if we can find it using the purchaser's name and Order details or the last 4 digits of the code.
h) We may cancel a gift card that we reasonably believe was obtained fraudulently or used unlawfully.
i) Store credit issued under our Returns Policy is not a gift card and is dealt with under the Returns Policy.
11. PROMO CODES
a) Promo codes include discount codes, welcome codes, influencer and creator codes, app only codes and shipping codes. Each promo code is subject to these Terms and Conditions and any conditions shown with it, including the expiry date, minimum spend and eligible Products.
b) You can use one order discount code per Order. Where we allow it, an order discount code can be combined with one shipping code or one product code. Promo codes cannot otherwise be combined with each other or with other offers unless we say so.
c) Promo codes cannot be used to buy gift cards. Whether a promo code can be used on sale, outlet or final sale Products depends on the conditions of that code.
d) Unless the conditions of a promo code say otherwise, welcome codes are single use and can only be used by the person they were issued to, and influencer and creator codes can be used once per customer. Promo codes cannot be sold, or published or shared on coupon or deal websites, unless we have authorised it.
e) App only codes can only be used on Orders placed through the App.
f) Promo codes have no cash value and cannot be applied to previous Orders or after an Order has been placed.
g) We may withdraw or end a promo code before its stated expiry date only if it has been misused, was issued in error, or because of a technical issue or other circumstances beyond our reasonable control. This will not affect an Order already placed using a valid code.
h) If we reasonably believe a promo code has been misused (for example, used more than once, used by someone it was not issued to, shared without our permission, or used with multiple accounts or email addresses), we may remove the discount, cancel the affected Order and refund you, or ask you to pay the difference before we dispatch.
12. REVIEWS AND YOUR CONTENT
a) We love hearing from you and welcome honest reviews. Reviews on the Site are collected and published through our reviews platform. We publish both positive and negative reviews and do not remove a review just because it is negative.
b) All reviews, including reviews with photos, are checked before they are published. We may decline to publish, or remove, a review, photo or comment that:
i) is offensive, abusive, discriminatory, threatening, defamatory or unlawful;
ii) includes personal information about another person;
iii) is not about the Product or your experience with SNDYS, or is spam or advertising;
iv) infringes someone else's rights; or
v) we reasonably believe is fake, was written by someone who has not bought or used the Product, or was written in exchange for a benefit that has not been disclosed.
c) If we offer an incentive for reviews, it will be offered whether the review is positive or negative, and the review will be marked as incentivised. Our team, creators and anyone connected to SNDYS must not post reviews of our Products unless the connection is clearly disclosed. Reviews marked as from a verified buyer are from customers who bought the Product from us, and star ratings reflect all published reviews.
d) By submitting a review, photo, video or comment (your content), you confirm it is your own honest opinion, you own it or have permission to share it, and anyone shown in it has agreed to it being shared.
e) You keep ownership of your content. You give us a non exclusive, worldwide, royalty free, perpetual licence to use, reproduce, edit (only for length or format, and never in a way that changes its meaning), publish and display content you submit through the Site on our Site, emails and social media, with credit to you where practical.
f) Tagging us on social media. If you tag SNDYS, or use one of our hashtags, in a post on a public social media account, you agree that we may share or repost that post on our own social media accounts, with credit to your account, without payment. We will ask your permission before using your content in paid advertising, on product pages or in any other way. If you would like us to take down a repost, just let us know.
13. MARKETING, SOCIAL MEDIA AND USING OUR SITE
a) Email and SMS marketing.
i) You can sign up to receive marketing from us by email and SMS, including through the sign up pop up on our website, the marketing opt in at checkout or in the App. Subscribers hear about new arrivals, exclusive offers, discounts, sales and promotions. Signing up is never a condition of buying from us.
ii) If you have subscribed and you leave Products in your cart, we may send you a reminder by email, SMS or both.
iii) Message and data rates may apply to SMS. You can reply to our SMS messages, but replies are not monitored at all times.
iv) You can unsubscribe at any time, at no cost to you (other than any standard charge from your mobile provider for sending an SMS), by clicking the unsubscribe link in any email, replying STOP to any SMS or emailing customercare@sndys.com.au. We will action your request within 5 business days.
v) We will still send you messages about your Orders, account and deliveries after you unsubscribe, because these are not marketing.
b) Social media and community guidelines.
i) We want our social media pages and online spaces to be positive and respectful for everyone. Please be kind to our community, our models and our team.
ii) We may hide or delete comments, and block or report users, on our social media accounts and the Site where comments are abusive, hateful, discriminatory, body shaming, harassing, threatening, spam or otherwise inappropriate, or breach the platform's rules.
iii) Our social media comments and direct messages are not monitored at all times. For help with an Order, please email customercare@sndys.com.au.
iv) Your use of any social media platform is also subject to that platform's own terms.
c) Artificial intelligence.
i) We may use artificial intelligence tools to help us run our business, including to help write and refine product descriptions and content, and to help our customer care team respond to enquiries. Content prepared with AI tools is reviewed by our team.
ii) If we introduce an AI chat assistant on the Site, we will make it clear when you are talking to AI rather than a person. AI responses may occasionally be inaccurate, and you can ask to speak to a member of our team at any time.
iii) Where we use AI generated or AI altered images of Products, we will say so (see section 3(e)).
iv) Advertising platforms sometimes use their own automated tools to create variations of advertising content. Content created or changed by a third party platform without our authorisation is not our content. If you see something that does not look right, please let us know.
d) Things you should not do. You may only use the Site lawfully and in line with these Terms and Conditions. You must not:
i) use any bot, script, scraper or other automated tool to access the Site, copy content, monitor prices or stock, or place Orders;
ii) try to get around purchase limits, or buy Products for resale without our consent;
iii) introduce viruses or harmful code, or try to gain unauthorised access to the Site, our systems or other people's accounts;
iv) interfere with, overload or disrupt the Site or its security features;
v) use someone else's payment details without permission, or give false information;
vi) post anything that is unlawful, defamatory, offensive, misleading or that infringes anyone's rights; or
vii) impersonate anyone, or falsely claim to be connected with SNDYS, including as a SNDYS ambassador or creator.
If you do any of these things, we may suspend or close your account, cancel Orders and take any other action available to us at law.
14. INTELLECTUAL PROPERTY AND LINKING TO OUR SITE
a) Everything on the Site, including the SNDYS name and logos, our designs, prints, product photography, videos, text and size guides, belongs to us or our licensors and is protected by intellectual property laws.
b) You may view and print content from the Site for your own personal shopping, and you are welcome to share links to our product pages. You must not otherwise copy, reproduce, republish, change, distribute, sell or commercially use any part of the Site, or use our name, logos or images, without our written permission.
c) You may link to our home page or product pages in a way that is fair and lawful and does not damage our reputation or suggest we endorse you when we do not. You must not frame the Site on another website.
d) Nothing in these Terms and Conditions transfers any of our intellectual property to you.
15. COMPLAINTS OR NEED TO SPEAK TO US?
a) If you have a question, concern or complaint about the Site or an Order, please contact our customer care team at customercare@sndys.com.au.
b) We will endeavour to respond to all enquiries within 48 hours, not counting public holidays in New South Wales. This is a guide, not a guarantee, and response times may be longer during sale periods, peak periods such as Black Friday and Christmas, and public holidays.
c) If you think a Product is faulty, not as described or you received the wrong item, please email us with your Order number, a description of the problem and photos. Products cannot be returned or exchanged in person at our warehouse or at warehouse sales.
d) We encourage you to contact us first so we can try to sort things out quickly. If we cannot resolve your complaint, you can contact NSW Fair Trading or the consumer protection agency in your state, territory or country.
e) Our postal address is 80 Captain Cook Drive, Caringbah NSW 2229, Australia.
16. LEGAL STUFF
a) Your consumer rights. Nothing in these Terms and Conditions, our Policies or any description of a Product as "sale", "outlet" or "final sale" excludes, restricts or changes any right you have under the Consumer Law, or any liability that cannot lawfully be excluded, including for death or personal injury caused by our negligence or for fraud.
b) Limitation of liability. Subject to paragraph (a), and to the maximum extent permitted by law, we exclude all warranties and conditions that are not set out in these Terms and Conditions, other than the guarantees and rights you have under the Consumer Law. Subject to paragraph (a), we are not liable for any loss that was not reasonably foreseeable, or for any loss of profit, revenue, business or opportunity (as the Site is for personal shopping only), however it arises.
c) UK and EU consumers. If you are a consumer in the United Kingdom or European Union, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our failure to use reasonable care and skill.
d) Your responsibility for misuse. You are responsible for loss or damage we suffer to the extent it is caused by your fraud, your deliberate misuse of the Site or promo codes, or content you submit that infringes someone else's rights, except to the extent the loss was caused by our own breach, negligence or wrongful act.
e) Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, severe weather, pandemics, strikes, courier or postal disruptions, customs delays, supplier failures, government action, war, cyber attacks or failures of third party systems. If this happens, we will let you know as soon as we reasonably can, and if the delay is significant you can cancel the affected Order for a full refund of items not yet delivered.
f) Site availability. We aim to keep the Site available at all times, but we do not guarantee it will always be available, uninterrupted or free from errors or viruses. We may suspend, change or withdraw all or part of the Site, including for maintenance or business reasons. You are responsible for the devices and internet connection you use and for using appropriate security software.
g) Third party services and links. The Site is hosted on Shopify, and we use third party service providers to help us run the Site and our business, including but not limited to providers of payments, buy now pay later, email and SMS marketing, reviews, returns, customer care, delivery tracking, advertising, social media and analytics. Their services may be subject to their own terms. The Site may link to third party websites, which we do not control and are not responsible for.
h) Accessibility. We want everyone to be able to shop with us. If you have difficulty using any part of the Site, please contact customercare@sndys.com.au and we will do our best to help you place your Order another way.
i) Governing law. These Terms and Conditions are governed by the laws of New South Wales, Australia, and you and we submit to the non exclusive jurisdiction of the courts of New South Wales. If you are a consumer living outside Australia, you also keep the benefit of the mandatory consumer laws of the country where you live, including any right to bring proceedings in the courts of that country.
j) Severability. If any part of these Terms and Conditions is invalid or unenforceable, it will be read down so it is valid or, if that is not possible, removed, and the rest will continue to apply.
k) Other legal bits. If we do not enforce a right straight away, we have not given it up. We may transfer our rights and obligations to a related company or to a buyer of our business, as long as this does not reduce your rights. You agree that we can communicate with you electronically, including by email, SMS and push notification. These Terms and Conditions and our Policies are the entire agreement between you and us about your use of the Site and your Orders, but this does not limit your Consumer Law rights in relation to anything we or our team have told you.