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1. Acceptance of Terms

By accessing this website or placing an order, you agree to these Terms & Conditions.

If you do not agree, you must not use this website.

We may update these Terms at any time without prior notice. Continued use constitutes acceptance of the updated Terms.

2. Eligibility

By purchasing from this website, you confirm that:

  • You are at least 18 years of age; or

  • You have the consent of a parent or guardian.

We reserve the right to cancel orders where we reasonably believe this requirement is not met.

3. Product Information

We make reasonable efforts to ensure product descriptions, images and sizing information are accurate.

However:

  • Colours may vary due to screen settings.

  • Sizing charts are guides only.

  • Minor variations in stitching, print alignment, or finish do not constitute defects.

No statements on this website constitute medical, psychological, or performance claims.

Products are for personal, non-commercial use only and may not be resold without written consent.

4. Orders & Contract Formation

An order does not constitute acceptance by us until:

  • Payment is received; and

  • The order is confirmed by dispatch.

We reserve the right to refuse or cancel orders at our discretion, including where there are:

  • Pricing errors

  • Technical errors

  • Stock inaccuracies

  • Suspected fraud

If cancelled after payment, a refund will be issued.

5. Pricing & Errors

Prices are in AUD and include GST unless stated otherwise.

We reserve the right to correct errors in pricing, product descriptions or availability at any time, including after an order has been placed.

If an error materially affects your order, we may cancel and refund.

6. Payment

Payments are processed via third-party providers including Shopify Payments, PayPal and Shop Pay.

We do not store full credit card numbers.

You authorise us to charge the full order amount at checkout.

7. Shipping & Risk

We ship within Australia only.

Title passes upon payment.

Risk passes upon delivery to the address provided.

We are not liable for:

  • Carrier delays

  • Lost parcels after confirmed delivery

  • Incorrect addresses supplied by customers

If a parcel is returned due to incorrect details, re-shipping costs are payable by the customer.

8. Returns & Australian Consumer Law

Nothing in these Terms excludes rights under Australian Consumer Law.

Change of Mind

We do not provide refunds or exchanges for change of mind.

Hygiene Restriction

Opened underwear items are not eligible for return unless faulty.

Minor Fault

For minor faults, we may choose to repair or replace the product.

Major Fault

For major faults, you may choose a refund or replacement.

Proof of purchase is required for all claims.

We may require returned goods to be assessed before issuing remedies.

9. First Pair Guarantee

We offer a First Pair Guarantee to reduce the risk of trying our products. This is a promotional offer and is subject to the conditions below.

Eligibility
  • Available to first-time customers only
  • Limited to one (1) pair per customer, per household
  • If purchased as part of a multi-pack, only one pair from that order is eligible
Timeframe
  • Requests must be made within 30 days of delivery
Condition of Return
  • The product must be returned, including if opened or worn
  • Items must not be intentionally damaged or altered
Process
  • To request a refund, contact us at [your email] with your order number
  • We may require proof of purchase and/or photos before approving a return
  • Customers are responsible for return shipping costs unless otherwise required under Australian Consumer Law
Refunds
  • Approved refunds will be issued to the original payment method
  • Original shipping costs (if any) are non-refundable
Exclusions
  • This guarantee applies to one claim only and does not apply to subsequent purchases
  • We reserve the right to refuse claims where misuse, abuse, or fraudulent activity is suspected
Consumer Rights
  • This guarantee is provided in addition to your rights under the Australian Consumer Law and does not limit those rights
10. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to replacement or refund of the product.

  • We are not liable for indirect, incidental, special or consequential damages.

  • Our total liability for any claim is capped at the purchase price paid.

To the extent permitted by section 64A of the Australian Consumer Law, our liability for breach of a consumer guarantee is limited to replacement or resupply where lawful.

11. Indemnity

You agree to indemnify and hold harmless The Charmers Australia Pty Ltd from any claims, damages, liabilities, costs or expenses arising from:

  • Your misuse of the website;

  • Your breach of these Terms;

  • Your unlawful conduct.

12. Intellectual Property

All intellectual property on this website is owned by The Charmers Australia Pty Ltd.

You must not:

  • Copy or reproduce content

  • Use product designs commercially

  • Reverse engineer products

  • Scrape data

  • Use branding in advertisements

Unauthorised use may result in legal action.

13. Website Availability

We do not guarantee uninterrupted or error-free website access.

We may suspend or withdraw the website without notice.

14. Promotions

If promotions are offered, they will be subject to separate published terms.

We reserve the right to cancel or amend promotions where reasonably necessary.

15. Severability

If any provision of these Terms is held invalid, the remaining provisions remain enforceable.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Disputes are subject to the exclusive jurisdiction of Queensland courts.