Terms of Service

— 01

The agreement.

These Terms of Service ("Terms") form a binding agreement between you and Newtowne East Coast ("Newtowne," "we," "us," "our") when you visit our website, create an account, or purchase from us.

By using the site or placing an order, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, please do not use the site.

These Terms should be read together with our Privacy Policy and Shipping & Returns page, which form part of this agreement.

— 02

About us.

Newtowne East Coast is a registered Australian business operated from Newcastle, New South Wales.

• Business name: Newtowne East Coast
• ABN: 32 261 010 254
• Location: Newcastle, NSW, Australia
• Email: [email protected]

— 03

Using the site.

You may use our website for lawful purposes only. By using the site, you agree not to:

• Violate any applicable laws or regulations
• Infringe our intellectual property or that of any third party
• Transmit any malicious code, viruses, or harmful material
• Attempt to gain unauthorised access to our systems
• Use automated systems (bots, scrapers) to access the site without permission
• Misrepresent your identity or impersonate any person
• Use the site for any commercial purpose without our written consent

You must be at least 18 years old to make a purchase. By placing an order, you confirm you are 18 or over and have the legal capacity to enter into this agreement.

— 04

Products and pricing.

Product information

We make every effort to display our products and their details accurately. However, colours may appear differently on different screens, and slight variations between the photographed item and the item you receive may occur due to fabric, lighting, or production runs. These minor differences do not constitute a defect.

Stock availability

All products are subject to availability. While we make every effort to keep stock information current, we cannot guarantee that an item will be available at the time you complete your order. If an item becomes unavailable after you order, we will notify you and offer a refund or alternative.

Pricing

All prices are listed in Australian Dollars (AUD) and include GST where applicable. Prices may change at any time without notice, but changes will not affect orders that have already been confirmed.

Recommended Retail Price (RRP)

Where we display a Recommended Retail Price (RRP) alongside our price, the RRP refers to the manufacturer's or designer's recommended retail price. It is not a representation that we previously sold the item at that price. Our price is the price you pay.

Pricing errors

If a product is listed at an incorrect price due to a typographical or system error, we reserve the right to cancel the order and refund any payment received. We will notify you as soon as possible if this occurs.

— 05

Placing an order.

When you place an order, you are making an offer to purchase the items at the listed price. We will send you an order confirmation email shortly after.

We reserve the right to refuse or cancel any order at our discretion, including (but not limited to) cases of:

• Suspected fraud or unauthorised payment
• Pricing or stock errors
• Inability to verify the shipping address
• Previous breaches of these Terms by the customer

If we cancel your order, we will refund any payment received in full.

— 06

Payment.

We accept the following payment methods:

• Visa, Mastercard, and American Express
• Apple Pay and Google Pay
• Other methods displayed at checkout

Payment is processed securely through Stripe / WooPayments. Your payment details are not stored on our servers.

You must provide accurate and current payment information. By submitting payment, you confirm you are authorised to use the payment method.

Orders are charged at the time of purchase. If your payment fails or is declined, your order will not be processed and no contract will be formed.

— 07

Delivery.

Shipping options, rates, and estimated delivery times are set out on our Shipping & Returns page.

Delivery times are estimates only. We are not liable for delays caused by our courier partners, weather, customs, or other circumstances beyond our reasonable control.

Risk of loss passes to you when the courier delivers the parcel to your nominated address. If the parcel is lost in transit, we will work with you and the courier to resolve the issue.

It is your responsibility to provide an accurate shipping address. We are not liable for orders shipped to an incorrect address provided by you.

— 08

Returns and refunds.

Our returns policy is set out in full on our Shipping & Returns page. In summary:

• You may return unworn items with tags attached within 14 days of delivery for a full refund
• Sale items, intimates, and items marked "Final Sale" are not eligible for return
• Faulty items can be returned at any time consistent with your statutory rights

Refunds are processed to your original payment method, typically within 2-5 business days of us receiving and inspecting the return.

— 09

Australian Consumer Law.

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 to 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.

Where permitted by law, our liability for any breach of a non-excludable consumer guarantee is limited (at our option) to:

• The replacement of the goods or supply of equivalent goods
• The repair of the goods
• The payment of the cost of replacing the goods or having them repaired

— 10

Warranties and disclaimers.

We make every effort to ensure the website operates correctly and that product information is accurate. However, except as required by Australian Consumer Law:

• The website is provided "as is" without warranty of any kind
• We do not guarantee uninterrupted or error-free access to the site
• We do not warrant the accuracy, completeness, or timeliness of any information on the site beyond reasonable commercial efforts

Beyond statutory consumer guarantees, we do not provide any additional warranty on the products we sell. The original manufacturer's warranty (if any) applies as set out by the manufacturer.

— 11

Limitation of liability.

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law:

• Our total liability to you for any loss or damage arising from your use of the site or any product purchased is limited to the price you paid for the product in question
• We are not liable for any indirect, incidental, consequential, or special damages, including loss of profits, loss of data, or loss of opportunity
• We are not liable for any loss or damage caused by events outside our reasonable control (force majeure)

— 12

Intellectual property.

All content on the website — including text, photography, logos, graphics, and design — is the property of Newtowne East Coast or our licensors and is protected by Australian and international copyright and trademark laws.

You may view, download, and print content from the site for personal, non-commercial use only. You may not:

• Reproduce, modify, or republish our content without written permission
• Use our brand name, logos, or images for commercial purposes
• Remove or alter any copyright, trademark, or attribution notices

Designer brands and product names referenced on the site are the trademarks of their respective owners. References to these brands are made for identification purposes only and do not imply endorsement.

— 13

User accounts.

You may register an account to make purchases easier and to track your orders. When you create an account:

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your password
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorised use of your account

You may close your account at any time by contacting us. Closing your account does not delete order history we are legally required to retain.

— 14

Termination.

We reserve the right to suspend or terminate your access to the site or your account, at our discretion, if we believe you have breached these Terms or engaged in conduct that is harmful to us, our customers, or our business.

Termination does not affect any rights or obligations that have already accrued, including outstanding orders or payments.

— 15

Changes to these terms.

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date.

For material changes, we will notify you by email or by a prominent notice on the website. Your continued use of the site after changes are posted constitutes your acceptance.

The version of the Terms in effect at the time you place an order governs that order.

— 16

Governing law.

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising from these Terms or your use of the site is subject to the exclusive jurisdiction of the courts of New South Wales.

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

— 17

Contact us.

If you have any questions about these Terms, please get in touch:

Newtowne East Coast
ABN 32 261 010 254
Newcastle, New South Wales, Australia
Email: [email protected]