Conditions d’utilisation

Welcome to PaletTheory.

This website and online store are operated by Emu in the Sky Pty Ltd, trading as PaletTheory. Throughout the site, the terms “we”, “us” and “our” refer to PaletTheory.

By visiting our website, browsing our products, placing an order or otherwise using our services, you agree to be bound by these Terms of Service, together with any policies referenced in these Terms, including our Privacy Policy, Refund Policy and Shipping Policy.

Please read these Terms carefully before using our website or placing an order. If you do not agree to these Terms, you should not use our website or purchase from us.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other consumer protection laws that apply to you and cannot be excluded by law.

If you are located outside Australia, you may have additional rights under the laws of your country or region. These Terms apply to the maximum extent permitted by those laws.

Section 1 — Online Store Use

By using this website, you confirm that you are at least the age of majority in your state, territory or country of residence, or that you have permission from a parent or guardian to use this website.

You agree to use our website and services for lawful purposes only. You must not use our website in a way that breaches any applicable law, infringes our rights or the rights of others, interferes with the operation of the website, or attempts to access information or systems without authorisation.

We may refuse service, cancel orders, restrict access to our website or terminate accounts if we reasonably believe these Terms have been breached or that there has been fraudulent, abusive or unlawful activity.

Section 2 — Account and Customer Information

To place an order or access certain features, you may be asked to provide information including your name, email address, billing address, shipping address and payment details.

You agree that all information you provide is accurate, current and complete. You are responsible for maintaining the confidentiality of your account login details and for all activity under your account.

If you believe your account has been accessed without authorisation, please contact us as soon as possible.

Section 3 — Our Products

We aim to represent our products as accurately as possible, including colours, prints, product descriptions, sizing information and images.

However, colours and product appearance may vary slightly depending on your screen settings, lighting, device display and photography. Minor differences in colour, print scale, placement or appearance do not necessarily mean that a product is faulty.

Product descriptions, prices, availability and designs may change at any time without notice. We reserve the right to discontinue products, limit quantities or refuse orders where necessary.

Nothing in this section limits your rights under the Australian Consumer Law or any other rights that cannot be excluded by law.

Section 4 — Made-to-Order Products

PaletTheory is a no-inventory, no-waste brand. Many of our products are produced on demand after an order is placed. This helps us reduce overproduction, minimise waste and avoid unnecessary landfill.

Because our products may be made specifically for your order, please check your order carefully before submitting it, including size, style, colour, shipping address and contact details.

Made-to-order items may take a few weeks to be produced, packed and delivered, depending on the item ordered, production volume, shipping destination and shipping method selected at checkout. Any production, dispatch or delivery timeframes shown on our website are estimates only and are not guaranteed.

Once your order has been accepted and production has started, we may not be able to cancel, change or refund your order for change of mind, incorrect size selection or preference-based reasons.

This does not limit your rights if your item is faulty, damaged, incorrectly supplied, not as described or otherwise fails to meet a consumer guarantee under applicable law.

Section 5 — Orders

When you place an order through our website, you are making an offer to purchase the selected products.

An order is not accepted until we confirm acceptance, process payment and issue an order confirmation. We reserve the right to accept, reject or cancel an order for any reasonable reason, including suspected fraud, product unavailability, errors in pricing or product information, or inability to fulfil the order.

If we cancel an order after payment has been taken, we will provide a refund for the cancelled item or order.

You agree to review your order carefully before submitting it. If you notice an error after placing your order, please contact us as soon as possible. We will do our best to assist, but we cannot guarantee that changes or cancellations will be possible once production has started.

Products purchased through our store are intended for personal use and not for commercial resale, unless we have agreed otherwise in writing.

Section 6 — Pricing, Payment, Duties and Taxes

All prices are displayed in the currency shown on the website at the time of purchase. Prices may change without notice.

Unless otherwise stated at checkout, prices do not include shipping costs, customs duties, import taxes, brokerage fees or other charges that may apply to international orders.

For international orders, you are responsible for any customs duties, import taxes, local taxes, brokerage fees or other charges imposed by your country, unless these charges are expressly collected by us at checkout.

If duties and taxes are not collected at checkout, your order may be delivered on a duties-unpaid basis and you may be required to pay these charges before delivery.

We are not responsible for delays, non-delivery or additional costs caused by unpaid customs duties, import taxes or customs clearance processes.

You agree to provide current, complete and accurate payment and billing information. By placing an order, you confirm that you are authorised to use the payment method provided.

We may offer promotions, discounts or special offers from time to time. These may be subject to additional terms and may be changed or withdrawn at any time.

Section 7 — Shipping and Delivery

Delivery timeframes are estimates only and are not guaranteed. Production and delivery may be affected by order volume, carrier delays, customs processing, weather events, public holidays, supply issues or other circumstances outside our reasonable control.

We are not responsible for delays caused by shipping carriers, customs authorities or events outside our reasonable control.

If your order is lost, delayed or damaged in transit, please contact us so we can assist and work with the carrier where possible.

International customers are responsible for any customs duties, import taxes or local charges that may apply in their country, unless these charges are expressly collected by us at checkout.

If an international parcel is refused, unclaimed or returned to sender because customs duties, import taxes or local charges were not paid, any refund or store credit will be assessed after the parcel is returned to us. We may deduct original shipping costs, return shipping costs, customs charges, carrier fees, merchant fees and other unrecoverable costs, to the extent permitted by law.

Nothing in this section limits your rights under the Australian Consumer Law or any other rights that cannot be excluded by law.

Section 8 — Returns, Exchanges and Store Credit

Returns, exchanges and store credit are handled in accordance with our Refund Policy.

Because we produce on demand, we do not offer refunds for change of mind, incorrect size selection or preference-based returns, unless required by law.

Eligible full-price items may be exchanged or returned for store credit in accordance with our Refund Policy.

For hygiene reasons, swimwear returns and exchanges must meet the eligibility requirements in our Refund Policy, including being unused, unworn, unwashed, in original condition, with tags, packaging and hygiene liners intact where applicable.

Returned items must have no sweat, makeup, deodorant, fake tan, perfume, stains, odours, marks or signs of wear of any kind. We reserve the right to reject an exchange or store credit request if the item does not meet these requirements.

Gift cards are non-refundable, except where required by law.

Nothing in these Terms or our Refund Policy excludes, restricts or modifies your rights under the Australian Consumer Law or any other rights that cannot be excluded by law.

Section 9 — EU and UK Customers

If you are located in the EU or UK, you may have certain cancellation or withdrawal rights for online purchases under local consumer laws.

However, these rights may not apply to goods that are made to your specifications, clearly personalised, produced on demand for your order, or sealed for health or hygiene reasons and unsealed after delivery.

Because PaletTheory products are produced on demand, and because swimwear is a hygiene-sensitive product, change-of-mind cancellations, returns or refunds may not be available once your order has been accepted, production has started, or the item has been unsealed, tried on, worn, washed or handled in a way that makes it unsuitable for resale.

This does not affect your rights if an item is faulty, damaged, incorrectly supplied, not as described, or otherwise fails to meet a consumer guarantee or mandatory consumer protection law.

Section 10 — Faulty, Damaged or Incorrect Items

If your item arrives damaged, has a manufacturing defect, or is not the item you ordered, please contact us at info@palettheory.com as soon as possible, and ideally within 30 days of delivery.

We require clear photo evidence within 14 days of delivery in order to assess and resolve manufacturing faults. Contacting us within this timeframe helps us process your claim quickly and, where applicable, arrange a replacement, refund or other suitable remedy.

Please include clear photos showing:

• the entire item;
• the product tag;
• the fault, damage or issue; and
• the packaging, if the item appears to have been damaged in transit.

If your item is faulty, damaged, incorrectly supplied, not as described or otherwise fails to meet a consumer guarantee under Australian Consumer Law or any other applicable mandatory consumer protection law, we will provide a remedy in accordance with your legal rights. Depending on the issue, this may include a repair, replacement, refund, store credit or another appropriate remedy.

Normal wear and tear, damage caused by misuse, incorrect sizing, failure to follow care instructions, or damage that occurs after use is not considered a manufacturing fault.

Section 11 — Product Care

You are responsible for following the care instructions provided with your product or on our website.

Damage caused by incorrect washing, drying, storage, use, exposure to harsh chemicals, rough surfaces, sunscreen, tanning oils, chlorine, excessive heat or failure to follow care instructions may not be considered a product fault.

Nothing in this section limits your rights under the Australian Consumer Law or any other rights that cannot be excluded by law.

Section 12 — Colour, Print and Product Variations

We take care to represent our colours, prints and products as accurately as possible. However, colours may vary between screens, devices, lighting conditions and photography.

Our products may use digital or sublimation printing, which can result in slight colour, print or finish variations. Minor colour, print, scale, placement or finish variations are a normal part of the production process and do not necessarily mean the product is faulty.

These variations do not affect the wearability or function of the product, unless the product is materially different from its description or otherwise fails to meet a consumer guarantee under applicable law.

Section 13 — Sizing Advice and Fit Guidance

We provide size guides, fit notes and sizing support to help you choose the best size.

However, fit can vary depending on body shape, measurements, personal preference and how measurements are taken. Any sizing advice we provide is general guidance only and does not guarantee a perfect fit.

Please review the product size guide carefully before placing your order.

Incorrect size selection or fit preference is not considered a product fault, unless the product is incorrectly labelled, incorrectly supplied, materially different from its description, or otherwise fails to meet a consumer guarantee under applicable law.

Section 14 — Altered or Repaired Items

Items that have been altered, repaired, modified or adjusted by you or a third party are not eligible for exchange or store credit, unless required by law.

If you believe an item is faulty, please contact us before arranging any alteration or repair, as this may affect our ability to assess the issue.

Section 15 — Gift Cards

Gift cards are non-refundable and cannot be exchanged for cash, except where required by law.

Gift cards must be used before their expiry date, where an expiry date applies. We are not responsible for lost, stolen or unauthorised use of gift cards.

Section 16 — Intellectual Property

All content on this website, including artwork, prints, designs, images, graphics, photographs, videos, text, logos, branding, product names, layout and other materials, is owned by or licensed to PaletTheory and is protected by Australian and international intellectual property laws.

You may use our website for personal, non-commercial use only.

You must not copy, reproduce, modify, publish, distribute, display, sell, licence, scrape, extract or exploit any part of our website, products, designs, prints, artwork, images, branding or content without our prior written permission.

PaletTheory’s name, branding, product names, designs, prints and logos must not be used without our written consent.

Section 17 — Artist Collaborations and Artwork

Some PaletTheory products feature artwork, prints or designs created in collaboration with artists, art centres, designers or other creative partners.

All such artwork and designs remain protected by intellectual property laws and may also be subject to cultural, moral, contractual or licensing rights.

Purchasing a PaletTheory product does not give you any ownership rights in the artwork, print, design or related intellectual property. You must not reproduce, copy, photograph for commercial use, digitise, print, modify or otherwise exploit any artwork, print or design featured on our products without written permission from the relevant rights holder.

Section 18 — Reviews, Feedback and User Content

If you submit reviews, photos, comments, feedback, suggestions or other content to us or through our website, you confirm that you have the right to share that content.

You grant PaletTheory a worldwide, royalty-free, ongoing licence to use, reproduce, publish, display, edit and share that content for purposes including customer service, website display, marketing, product improvement and promotion.

We may remove or edit user content that we consider unlawful, offensive, misleading, defamatory, infringing, abusive or otherwise inappropriate.

You must not submit content that infringes another person’s rights, contains false or misleading information, includes malware or harmful code, or impersonates another person.

Section 19 — Third-Party Services and Links

Our website may include links to third-party websites, apps, tools, payment providers, social media platforms, shipping services or other services that we do not own or control.

We are not responsible for the content, accuracy, availability, policies, practices or performance of third-party websites or services.

Your use of third-party services may be subject to their own terms and policies. You should review those terms before using them.

Section 20 — Relationship with Shopify

Our store is powered by Shopify, which enables us to provide our online store and related services.

Any purchase you make through our store is made directly with PaletTheory, not Shopify. Shopify is not responsible for the products you purchase from us, the fulfilment of your order, customer service, returns, exchanges or any issue relating to your purchase from PaletTheory.

Certain personal information may be collected or processed by Shopify as part of providing the online store platform. Please refer to our Privacy Policy for more information.

Section 21 — Privacy

Your use of our website and services is also governed by our Privacy Policy, which explains how we collect, use, store and disclose personal information.

By using our website or placing an order, you acknowledge that you have read our Privacy Policy.

Section 22 — Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery timeframes, availability or other details.

We reserve the right to correct errors, inaccuracies or omissions and to update information at any time without prior notice.

If an error affects an order you have placed, we will contact you where appropriate. We may cancel or amend an order where there has been a genuine error, subject to applicable law.

Section 23 — Promotions and Discount Codes

From time to time, we may offer promotions, discount codes, free gifts, bundles, giveaways or special offers.

Promotions may be subject to specific terms, including eligibility requirements, minimum spend, expiry dates, product exclusions, stock availability and limits per customer or order.

Discount codes must be applied at checkout and cannot be applied retrospectively to previous orders, unless we agree otherwise.

Promotions, discount codes and free gifts cannot be redeemed for cash or credit.

Unless stated otherwise, promotions and discount codes cannot be combined with other offers.

Free gifts, complimentary items and promotional items are not eligible for exchange, store credit or refund for change of mind, unless required by law.

We reserve the right to amend, suspend or cancel a promotion at any time, to the extent permitted by law.

Section 24 — Prohibited Uses

You must not use our website or services:

• for any unlawful, fraudulent, harmful or malicious purpose;
• to breach any applicable law or regulation;
• to infringe our intellectual property rights or the rights of others;
• to harass, abuse, defame, threaten, intimidate or harm another person;
• to submit false, misleading or deceptive information;
• to upload or transmit viruses, malware or harmful code;
• to spam, phish, scrape, crawl, data-mine or harvest information;
• to interfere with the security or operation of the website;
• to impersonate another person or entity;
• to use automated systems, bots, agents or scraping tools without our permission; or
• to reproduce, duplicate, copy, sell or exploit any part of the website or services without our written consent.

We may suspend or terminate access to our website or services if we reasonably believe this section has been breached.

Section 25 — Disclaimer

We provide our website and services using reasonable care and skill. However, we do not guarantee that our website will always be uninterrupted, secure, timely, error-free or free from viruses or harmful components.

Information on our website is provided for general information purposes. While we aim to keep information accurate and current, we do not guarantee that all content will be complete, accurate or up to date at all times.

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law and any other rights that cannot be excluded by law, we disclaim all warranties, representations or conditions that are not expressly stated in these Terms.

Nothing in this section excludes, restricts or modifies any rights or guarantees that cannot be excluded under applicable law.

Section 26 — Limitation of Liability

To the maximum extent permitted by law, PaletTheory is not liable for indirect, incidental, special, punitive or consequential loss or damage, including loss of profit, loss of revenue, loss of data, loss of opportunity or business interruption arising from your use of our website, services or products.

Where we are permitted by law to limit our liability, our liability will be limited, at our option, to one or more of the following:

• the replacement of the goods;
• the repair of the goods;
• the supply of equivalent goods;
• the payment of the cost of replacing the goods;
• the payment of the cost of repairing the goods; or
• the refund of the amount paid for the goods.

Nothing in this section limits your rights under the Australian Consumer Law or any other liability that cannot be excluded or limited by law.

Section 27 — Indemnity

You agree to indemnify PaletTheory, Emu in the Sky Pty Ltd, our directors, employees, contractors, partners, service providers and licensors against any loss, damage, claim, liability, cost or expense, including reasonable legal fees, arising from:

• your breach of these Terms;
• your misuse of our website or services;
• your violation of any law;
• your infringement of our rights or the rights of a third party; or
• any content or information you submit to us.

This indemnity applies to the extent permitted by law.

Section 28 — Termination

We may suspend or terminate your access to our website or services if we reasonably believe you have breached these Terms or engaged in unlawful, fraudulent, abusive or harmful conduct.

Any obligations or rights that by their nature should survive termination will continue, including intellectual property rights, payment obligations, disclaimers, liability limitations and indemnities.

Section 29 — Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed to the extent necessary and the remaining provisions will continue to be valid and enforceable.

Section 30 — Waiver

If we do not enforce any right or provision of these Terms, this does not mean we have waived that right or provision.

Section 31 — Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced on our website, form the entire agreement between you and PaletTheory regarding your use of our website and services.

They replace any prior communications, agreements or understandings relating to your use of our website or services.

Section 32 — Changes to These Terms

We may update, change or replace these Terms from time to time by posting the updated version on this page.

The updated Terms will apply from the date they are posted, unless otherwise stated. Your continued use of our website or services after changes are posted means you accept the updated Terms.

Section 33 — Governing Law

These Terms are governed by the laws of New South Wales, Australia.

You and PaletTheory submit to the non-exclusive jurisdiction of the courts of New South Wales and Australia.

Section 34 — Contact Information

Questions about these Terms should be sent to us at:

Emu in the Sky Pty Ltd, trading as PaletTheory
Sydney, Australia
Email: info@palettheory.com