Terms of service

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Consumer: an individual who acquires goods or services for personal, domestic or household use or consumption, and enters into a distance agreement with the trader;

Day: a calendar day;

Trader: the operator of the online store Harlow & Sydney, offering products to consumers at a distance;

Distance contract: an agreement concluded between the trader and consumer without being co-present, exclusively through one or more means of distance communication, including through the trader's website;

Durable medium: any instrument which enables the consumer or trader to store information in a way accessible for future reference, including email and electronic records;

Australian Consumer Law (ACL): Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Consumer Guarantees: the statutory guarantees provided under the Australian Consumer Law;

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Identity of the Trader

Trading Name: Harlow & Sydney Email Address: support@harlowandsydney.com ABN: Upon Request

The trader operates as an online retail store and does not maintain a physical shopfront open to the public.

Article 3 - Applicability

3.1 These general terms and conditions are applicable to every offer from the trader and to every distance agreement and order made between the trader and the consumer.

3.2 Prior to the conclusion of a distance agreement, the text of these general terms and conditions shall be made available to the consumer by electronic means.

3.3 In the event that specific product or service conditions also apply in addition to these general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to them.

3.4 Nothing in these terms and conditions excludes, restricts or modifies any consumer rights or guarantees under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.

Article 4 - The Offer

4.1 If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

4.2 The offer is without obligation. The trader is entitled to change and amend the offer at any time.

4.3 The offer contains a description of the offered products. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are intended to be a truthful representation of the offered products. Obvious mistakes or errors in the offer do not bind the trader.

4.4 All images, specifications and details in the offer are indicative and may differ slightly from the product actually delivered. Such variations cannot form a basis for compensation or the dissolution of the agreement.

4.5 The trader cannot guarantee that the displayed colours exactly match the real colours of the products due to variations in screen settings and display technology.

4.6 Each offer contains clear information about the price including GST, the cost of shipping, the method of payment, delivery and execution of the agreement, and the anticipated delivery time.

Article 5 - The Agreement

5.1 The agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions, including completion of payment.

5.2 If the consumer has accepted the offer electronically, the trader will confirm electronically the receipt of the acceptance of the offer by means of an order confirmation email.

5.3 Cancellation of an order is only possible within 24 hours of placing the order, as processing may begin after this time. After 24 hours, the order cannot be cancelled, but the product may still be returned after receipt subject to the terms of the return policy outlined in Article 7.

Article 6 - Price and Payment

6.1 All prices displayed on the website are in Australian Dollars (AUD) and include GST where applicable.

6.2 The trader does not charge separate shipping fees unless otherwise stated on the product page or at checkout.

6.3 The trader reserves the right to adjust prices at any time. Price changes do not affect orders that have already been confirmed.

6.4 Payment is processed securely at the time of purchase through the payment methods available at checkout.

Article 7 - Delivery

7.1 Products are shipped to the delivery address provided by the consumer within Australia.

7.2 The trader aims to dispatch orders within 1 to 3 business days. Estimated delivery times are provided at checkout and are indicative only.

7.3 Standard delivery within Australia typically takes 7 to 15 business days from dispatch. During peak periods or due to circumstances beyond the trader's control, delivery may take longer.

7.4 The risk of loss or damage to the product passes to the consumer at the moment of physical receipt of the product.

7.5 If a product has not been delivered within 30 business days of the order confirmation, the consumer may contact the trader to request a reshipment or a full refund.

7.6 The trader is not liable for delays caused by carriers, postal services or circumstances beyond reasonable control including but not limited to natural disasters, public health emergencies or industrial action.

Article 8 - Returns and Refunds

8.1 The consumer may request a return within 30 days of receiving the product, provided the product is unused, unworn and in its original condition with all tags and packaging intact.

8.2 To initiate a return, the consumer must contact the trader via email at support@harlowandsydney.com with the order number and reason for the return.

8.3 The cost of return shipping shall be borne by the consumer unless the product is faulty, defective, or does not match the description provided at the time of purchase.

8.4 Upon receipt and inspection of the returned product, the trader will process the refund within 14 days. The refund will be issued to the original payment method.

8.5 The following products are excluded from the standard return policy: a. Products that have been worn, washed or altered; b. Intimate apparel and swimwear for hygiene reasons; c. Products marked as final sale or non-returnable at the time of purchase; d. Gift cards.

8.6 If a product is received damaged, faulty or significantly different from the description, the consumer should contact the trader within 7 days of receipt. The trader will arrange a replacement or full refund including any return shipping costs in accordance with the Consumer Guarantees under the Australian Consumer Law.

Article 9 - Consumer Guarantees

9.1 Under the Australian Consumer Law, consumers are entitled to certain guarantees that cannot be excluded by agreement. These include guarantees that products are of acceptable quality, match their description and are fit for any disclosed purpose.

9.2 If a product fails to meet a consumer guarantee, the consumer is entitled to a remedy. For major failures, this includes the right to a refund or replacement at the consumer's choice. For minor failures, the trader may choose to repair, replace or refund the product.

9.3 The trader does not exclude or limit the application of any consumer guarantee under the Australian Consumer Law where it is unlawful to do so.

9.4 Any warranty against defects provided by the trader is in addition to the consumer's rights under the Australian Consumer Law. The benefits under any such warranty are in addition to other rights and remedies available under Australian law.

Article 10 - Liability

10.1 To the extent permitted by law, the trader shall not be liable for delays caused by carriers or postal services, nor for indirect or consequential losses arising from the use of or inability to use the products.

10.2 The trader's total liability to the consumer in respect of any claim arising out of or in connection with the supply of products shall not exceed the amount paid by the consumer for the relevant product, except where the Australian Consumer Law provides otherwise.

10.3 Nothing in these terms excludes or limits liability where such exclusion or limitation is not permitted by law, including liability under the Australian Consumer Law.

Article 11 - Privacy

11.1 The trader collects and processes personal information in accordance with its Privacy Policy, which is available on the website.

11.2 Personal information is handled in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth) where applicable.

11.3 The trader does not sell or share personal information with third parties for marketing purposes without the consumer's consent.

Article 12 - Complaints Procedure

12.1 Complaints regarding the performance of the contract must be submitted via email to support@harlowandsydney.com.

12.2 The trader will acknowledge receipt of the complaint within 48 hours and will endeavour to respond substantively within 14 days. If more time is required, the consumer will be informed accordingly.

Article 13 - Applicable Law and Disputes

13.1 These terms and conditions and any dispute arising out of or in connection with them shall be governed by the laws of the State of New South Wales, Australia.

13.2 This choice of law does not affect mandatory consumer protection provisions under the Australian Consumer Law.

13.3 In the event of a dispute, the parties agree to first attempt to resolve the matter through direct communication. If a resolution cannot be reached, either party may pursue remedies through the relevant state or territory consumer affairs body or tribunal, or the competent courts of New South Wales.

Article 14 - Amendments

14.1 The trader reserves the right to amend these general terms and conditions at any time. The most recent version shall always apply and will be made available on the website.

14.2 Continued use of the website and placement of orders after any amendment constitutes acceptance of the revised terms and conditions.