Terms of service

Terms of Service

OVERVIEW

Welcome to sml batch! The terms “we”, “us” and “our” refer to sml batch. sml batch operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). sml batch is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, colours and product appearance may vary depending on your screen, device settings, and lighting conditions.

Due to the custom and made-to-order nature of our products, slight variations in print placement, garment colour, sizing, or finish may occur.

We do not guarantee that product colours, images, or details displayed online will be completely accurate on every device.

All product descriptions, pricing, and availability are subject to change at any time without notice.

We reserve the right to discontinue products or limit quantities at our discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase a product from sml batch. We reserve the right to accept or decline any order at our discretion.

Many of our products are made to order. Once production has begun, orders may not be cancelled, changed, or modified. Please carefully review sizing charts, product details, shipping information, and custom selections before placing your order.

If we need to cancel or adjust an order, we will attempt to contact you using the information provided at checkout.

Your purchases are subject to our Returns & Refunds Policy [LINK].

You agree that purchases made through our store are for personal use only and not for resale.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for products will be the price displayed at the time your order is placed.

Unless otherwise stated, prices are listed in Australian Dollars (AUD) and may exclude shipping charges.

You agree to provide current, complete and accurate billing, payment and shipping information for all purchases.

SECTION 5 - SHIPPING AND DELIVERY

Production and shipping timeframes provided on our website are estimates only and may vary during peak periods.

We are not liable for shipping or delivery delays caused by postal carriers, weather events, supply chain disruptions, or other circumstances outside our control.

Once your order has been transferred to the shipping carrier, risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

All content on our Services, including logos, branding, product designs, text, graphics, images, and website content, is owned by sml batch or its licensors and is protected by applicable intellectual property and copyright laws.

You may not reproduce, copy, distribute, modify, or commercially use any content from our Services without prior written permission.

All rights not expressly granted are reserved by sml batch.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not monitor or control.

Your use of any optional third-party tools is entirely at your own risk and subject to the terms provided by the third-party provider.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites or services.

We are not responsible for the content, policies, or practices of any third-party websites and encourage you to review their terms and policies before engaging with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

sml batch is powered by Shopify, which enables us to provide our online store and Services.

However, all purchases made through this store are made directly with sml batch. Shopify is not responsible for products sold through our store or for any disputes relating to purchases made from sml batch.

SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is subject to our Privacy Policy [LINK].

Because our store is hosted by Shopify, Shopify may also collect and process certain information in order to provide and improve its services.

SECTION 11 - FEEDBACK

If you submit reviews, feedback, suggestions, or other content to us, you grant sml batch permission to use, reproduce, publish, and display that content for marketing, promotional, or operational purposes.

You agree that your feedback will not violate any law or third-party rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability.

We reserve the right to correct any errors or cancel orders if information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may not use our Services:

  • for any unlawful purpose

  • to violate any laws or regulations

  • to infringe on intellectual property rights

  • to transmit malicious software or spam

  • to interfere with the security or operation of the website

  • to scrape, copy, or exploit website content without permission

We reserve the right to terminate access to our Services if these Terms are violated.

SECTION 14 - TERMINATION

We may suspend or terminate access to our Services at any time if we believe a user has violated these Terms.

Any obligations or liabilities incurred before termination will survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, our Services and products are provided on an “as is” and “as available” basis without warranties of any kind.

We do not guarantee uninterrupted, secure, or error-free access to our Services.

Nothing in these Terms excludes, limits, or modifies any rights you may have under Australian Consumer Law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, sml batch will not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Services or products.

Nothing in these Terms excludes, limits, or modifies any rights you may have under Australian Consumer Law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless sml batch, Shopify, and our service providers from any claims, damages, liabilities, or expenses arising from your breach of these Terms or misuse of our Services.

SECTION 18 - SEVERABILITY

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

SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms of Service, together with any policies posted on our website, constitute the entire agreement between you and sml batch regarding your use of our Services.

SECTION 20 - ASSIGNMENT

You may not transfer or assign your rights under these Terms without our written consent.

We may assign or transfer our rights and obligations under these Terms at any time.

SECTION 21 - GOVERNING LAW

These Terms of Service are governed by the laws of Victoria, Australia.

By using our Services, you agree to submit to the jurisdiction of the courts of Victoria, Australia.

SECTION 22 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms of Service at any time by posting changes on this page.

Your continued use of the Services following any updates constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

sml batch
smlbatchco@gmail.com
Melbourne, Victoria, Australia