Terms of service

Last Updated: 08/08/2024

Welcome to Habitat! These Terms of Service ("Terms") govern your use of our website (the "Site") and the purchase of any products from Habitat ("Products"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Site.

1. General

Habitat ("we," "us," "our") operates the Site, which provides information about our Australian-made clothing and allows users to purchase our Products. These Terms apply to all visitors, users, and others who access or use the Site.

2. Use of the Site

2.1 Eligibility

By using the Site, you represent and warrant that you are at least 18 years old or accessing the Site under the supervision of a parent or guardian.

2.2 Account Creation

To access certain features of the Site, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for any activities or actions under your account.

3. Orders and Payments

3.1 Order Acceptance

All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the Product has been dispatched (the "Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation.

3.2 Pricing and Availability

All prices are in Australian Dollars (AUD) and include GST. Prices and availability of Products are subject to change without notice. We reserve the right to limit the quantities of any Products we offer. We also reserve the right to reject any order you place with us.

3.3 Payment

Payment must be made in full at the time of order via the on-page payment method. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site.

4. Shipping and Delivery

4.1 Shipping

We ship Products within Australia and internationally. Shipping costs will be displayed at checkout. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by customs or postal services.

4.2 Risk of Loss

All Products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to you upon our delivery to the carrier.

5. Returns and Exchanges

5.1 Return Policy

If you are not satisfied with your purchase, you may return it within 28 days of receipt for a refund or exchange, subject to the following conditions:

  • The Product must be unused, in its original condition, and with all original tags and packaging intact.
  • Proof of purchase is required for all returns and exchanges.

5.2 Return Process

To initiate a return, please contact us at info@thehabitatcollective.com. You are responsible for the cost of return shipping unless the Product is defective or we made an error with your order.

6. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of Habitat and its licensors. The Site is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, available here, explains how we collect, use, and disclose information that pertains to your privacy. By using the Site, you agree to the collection and use of information in accordance with our Privacy Policy.

8. Limitation of Liability

To the fullest extent permitted by law, Habitat shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the Site;
  • Any unauthorised access to or use of our servers and/or any personal information stored therein;
  • Any interruption or cessation of transmission to or from the Site;
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party;
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Queensland, Australia.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Contact Us

If you have any questions about these Terms, please contact us at:

  • Email: info@thehabitatcollective.com

  • Address: 5 Akuna Close, Birtinya QLD 4575, Australia

Thank you for shopping with Habitat!