Terms of Services Welcome to Xayesta. By accessing or using our website xayesta.com.au (the “Site”) and/or purchasing products from us, you (“you” or “the Customer”) agree to be bound by these Terms of Service (“Terms”). These Terms govern your use of the Site and all purchases of products from Xayesta (“we”, “us”, “our”). If you do not agree to these Terms, you must not use this Site or purchase from us. Who we are This Site is operated by Xayesta, an Australian business based in New South Wales. The terms “we”, “us” and “our” refer to Xayesta. We provide the Site, all products listed on it, tools, content and services (“Service”) subject to your acceptance of these Terms and any additional policies or notices referenced herein. Acceptance of Terms By visiting our Site, browsing our products, placing an order or otherwise accessing our Service, you accept and agree to be bound by these Terms, together with our Privacy Policy and any other policies or notices which may be incorporated herein by reference. We may update, modify or replace any part of these Terms at any time by posting updates on the Site. Your continued use of the Site after such changes constitutes acceptance of those changes. Products & Information We endeavour to describe our products accurately, including fabric, design, colour and sizing. However, variations may occur owing to screen settings, dye lots, fabric stretch and manufacturing tolerances. Prices and availability are subject to change without notice. We reserve the right to discontinue or limit the sale of any product at any time. Ordering, Payment & Pricing All prices are in Australian Dollars (AUD) and include GST where applicable. Payment must be made at the time of purchase via the methods we make available. You agree to provide valid, current and complete information for ordering and payment. We reserve the right to refuse or cancel any order at our discretion, including if we suspect fraud or a breach of these Terms. Shipping & Delivery Delivery timeframes are estimates. We deliver within Australia (and if applicable, internationally) subject to shipping method and destination. Once the order is dispatched, risk passes to you, and we are not liable for delays, loss or damage caused by the carrier. Please see our Shipping Policy for full details. Returns, Refunds & Consumer Guarantees We operate in compliance with the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. For change-of-mind returns (where permitted), please see our Returns Policy for eligibility and process. These Terms cannot exclude your statutory rights under the ACL, but we set out our standard return/refund/exchange policy for clarity. Intellectual Property All content on the Site (text, images, logos, branding, designs) is our property or licensed to us and is protected under Australian and international intellectual property laws. You may not reproduce, distribute or use any content from the Site without our prior written consent. User Conduct When using the Site or purchasing from us, you agree: Not to use our Service for unlawful purposes. Not to upload or transmit viruses, malware or harmful code. Not to attempt to interfere with the Site’s operation or security. Not to misrepresent yourself, your identity or your affiliation. We reserve the right to terminate your access immediately if you breach these Terms. Third-Party Links & Services The Site may contain links to third-party websites, tools or services that we do not control. We make no warranties about those services, and you access them at your own risk. We are not responsible for any loss or damage arising from your use of those third-party links or services. Disclaimer of Warranties & Limitation of Liability To the maximum extent permitted by law: Our Service, products and all content are provided “as is”, “as available” without warranties of any kind. We are not liable for any indirect, incidental or consequential losses, including lost profits, loss of data or damage arising from your use of the Service or products. Our total liability for any claim relating to your purchase from us shall not exceed the total amount you paid for the relevant product(s). Nothing in these Terms excludes or limits your rights as a consumer under the ACL. Indemnification You agree to indemnify and hold harmless Xayesta, its officers, directors, employees and agents from all liabilities, losses, damages and costs (including legal fees) arising from your breach of these Terms or your violation of any applicable law or third-party rights Severability If any part of these Terms is found to be invalid, unlawful or unenforceable, that part shall be severed and the remainder of these Terms shall continue in full force and effect. Termination We may suspend or terminate your access to the Site and Service at any time without notice if you breach these Terms. Termination does not limit any other rights or remedies we may have. Governing Law & Jurisdiction These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You agree that any dispute arising under or in connection with these Terms shall besubject to the non-exclusive jurisdiction of the courts of New South Wales. Entire Agreement These Terms (together with our Privacy Policy, Returns Policy, Shipping Policy and any other documents referenced herein) constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, communications and proposals. Changes to Terms We reserve the right to update or change these Terms at our discretion. The most current version will be posted on the Site with a revised “Last updated” date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. Contact Information If you have any questions regarding these Terms, please contact us at: [email protected]Xayesta – Australia
