General Terms and Conditions of
CLEAR SKIES IN DISGUISE AUSTRALIA
1. Scope of application/contact details/Overview
1.1
These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, CLEAR SKIES IN DISGUISE, and you as our customer via our online shop on clearskiesindisguise.com (hereinafter referred to either "online shop", “CSID”, “CLEAR SKIES IN DISGUISE” or “CLEAR SKIES IN DISGUISE AUSTRALIA”).
1.2
Contradictory or supplementary terms and conditions of yours shall become part of the contract only if expressly accepted in writing by us. Our mere knowledge of your terms and conditions shall not make them part of the contract.
1.3
The version of the GTC which is current when the contract is concluded shall apply to that contract.
1.4
CSID is a sustainable and ethical clothing brand based in Sydney, Australia. Our contact details are as follows:
Email: clearskiesindisguise@gmail.com
Address: Greenwich, NSW 2065, Sydney, Australia
1.5
Our online store is hosted on Squarespace Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. Eligible customers, destinations and order quantities
2.1
You may place orders in our online shop only if you act as a consumer and not (for example) if you act as an entrepreneur, or in the course of an activity as a self-employed person.
2.2
We only accept orders from Australia.
3. Conclusion of contract and details regarding the ordering process
3.1
The presentation and promotion of items in our online shop does not constitute a binding offer for the sale of any item.
3.2
After ticking the ordering button all items selected by you will again be displayed in an order summary. You may then identify and correct input errors, if any, prior to making your final binding order. By ticking the purchase button you submit a legally binding offer.
3.3
A purchase contract is not concluded by the submission of your order. First you will receive from us a confirmation of receipt of your order by e-mail; this confirmation is also not a legally binding acceptance of your order. CLEAR SKIES IN DISGUISE reserves the right to not accept the order, for example, if the items ordered by you are subject to limited availability. The purchase contract for an item you ordered shall not be concluded until you have received from us another e-mail with the shipping confirmation for the item or until conclusion is implied by delivery of the relevant item through CLEAR SKIES IN DISGUISE.
3.4
The contract can be concluded in English.
3.5
The contract terms will be stored by CLEAR SKIES IN DISGUISE after conclusion of the contract but will no longer be accessible to you.
3.6
Upon completing your order and checking out you agree to be added to the CLEAR SKIES IN DISGUISE mailing list. You may unsubscribe from this list at any time.
4. Prices and shipping costs
4.1
The purchase prices of the products are as shown by the price tags in the online shop at the time of the order. Unless marked otherwise, all prices in our online shop are provided in AUD and are gross prices including the applicable GST, taxes and duties. While we try hard to ensure that there are no pricing mistakes on our online shop, we will not be bound by mistakes in the price of any product (unless you have already purchased the relevant product at the incorrect price).
4.2
CLEAR SKIES IN DISGUISE currently only ships within Australia and offers a location calculated fee with Sendle, or a flat rate of $12 per item with Australia Post. Orders are shipped via Australia Post's eParcel delivery service or SENDLE. The final price including GST will be shown on the order form before you submit the order.
4.3
If we fulfill your order in accordance with clause 6.2 of these GTC by partial delivery, you shall incur shipping costs only for the second partial delivery. If the partial delivery takes place at your request, we will charge separate shipping costs for every partial delivery.
5. Terms of payment and offsetting
5.1
Payments may only be made by advance payment, credit card (MasterCard, Visa) or by Paypal.
5.2
Payment shall be due immediately upon conclusion of the purchase contract. Your credit card/Paypal account will be charged at the time your order is accepted by CLEAR SKIES IN DISGUISE.
5.3
You may not offset counterclaims against our claims.
6. Delivery/partial deliveries
6.1
Delivery periods and delivery deadlines are provided in the course of the ordering process.
6.2
We are entitled to make partial deliveries.
7. Reservation of self-supply and retention of title
7.1
If (as a result of factors beyond our reasonable control) we cannot deliver an ordered item after conclusion of a contract with you or cannot do so in time, (notwithstanding that we entered into a purchase agreement with a supplier before we concluded the contract with you), we are entitled to release ourselves from the delivery obligation with regard to this item. In this case we are bound to immediately inform you of the unavailability of the item and to immediately refund payments, if any, previously rendered for the item and its delivery.
8. Return Policy
8.1
Returns
Returns are only accepted on items in their new, unworn, unwashed, original condition, with tags and original packaging intact, within 7 days of receiving your order.
Refunds are not offered for change of mind, items that do not fit, or discounted products. You will instead be offered a store credit. We do not cover the costs of return shipping.
You must contact us first at clearskiesindisguise@gmail.com to initiate the return process. No returns will be accepted unless you have contacted us beforehand and received confirmation. In your return email, please include your name, order number, and request. Once contacted we will provide shipping information. Returns must be made in the items original packaging.
Return requests should be emailed to clearskiesindisguise@gmail.com
All sales on discounted items are final. Includes discount codes.
Upon receiving and inspecting the returned product:
We will issue a store credit for the purchase value of the product.
Shipping fees paid during the original purchase are non-refundable.
9. Defects of quality and title/colour variations/care of the delivered items
9.1
In the event of any defects of quality or title you are entitled to all rights pursuant to the provisions of statutory law.
9.2
Slight color variations between the colors of the items shown on the website and their actual colors may occur for technical reasons.
9.3
Please observe the washing and care instructions that are printed on the labels of the delivered items. We are not liable for any impairment of the items which is caused by improper cleaning or care of the delivered items.
10. Liability
We are not liable to you (whether under contract, tort (including negligence) or otherwise) for:
i. losses that were not caused by our breach of these GTC;
ii. any loss or damage that was not, at the time our contract with you was formed, a reasonably foreseeable consequence of us breaching these GTC; or
iii. losses relating to any business of yours, loss of profits, loss of data, or loss of opportunity.
iv. losses of any parcel that is redirected to a different address once it has left our warehouse.
Nothing in these GTC is intended to exclude or limit our liability for: (i) death or personal injury; (ii) any breach of the obligations implied by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), including guarantees relating to the supply of goods and services; (iii) fraud; (iv) fraudulent misrepresentation; or (v) any liability that cannot be excluded or limited under Australian law.
11. Intellectual Property
All content on our website, including images, text, and branding, is owned by CSID or licensed to us. You may not reproduce, distribute, or use our content without prior written consent.
12. Charitable Contributions
12.1 Commitment to Charity
We are proud to allocate 25% of profits from garments sold to a charitable organisation chosen by the customer at checkout. At checkout, customers will have the option to select from three charities that align with the specific cause represented by the garment's design (e.g., wildlife-focused designs will support wildlife charities). We do not represent these charities, nor are we affiliated with them, we simply choose to support them as a philanthropic endeavour.
12.2 Calculation of Profits for Donation
The 25% contribution is calculated based on net profits, defined as the revenue remaining after the deduction of all reasonable business expenses incurred in the production, sale, and delivery of the garment. This includes, but is not limited to, costs associated with production, operations, taxes, shipping, marketing, and employee compensation.
12.3 Transparency
We are committed to maintaining transparency in our charitable contributions. Information about the causes and charities we support, as well as our ongoing commitment to giving, will be shared through our communication channels.
12.4 Donation Timing
Donations will be made to the selected charities at the end of the financial year for all qualifying sales made during that period.
12.5 Charity Selection
We carefully vet and select charities to ensure they align with the values and mission of our brand. Customers will be informed of the three available options for their chosen cause at checkout.
12.6 Limitations
In the event that a specific charity becomes ineligible or unavailable to receive donations, we will allocate the funds to an alternate charity within the same category, ensuring that the intended cause is supported.
This policy reflects our dedication to ethical business practices and giving back to causes that matter. Thank you for joining us in making a positive impact.
12. Personal information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
13. Errors, Inaccuracies, and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. Customer service/support
If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by e-mail using the contact details specified above in clause 1.4.
15. Pre-Order Terms and Conditions
15.1 Pre-Order Policy
By placing a pre-order, you acknowledge that you are purchasing a product that is not yet in stock but is planned for future delivery. The estimated timeline for the pre-order process will be provided at the time of purchase, including key dates such as the order placement deadline and estimated shipping timeframe.
15.2 Estimated Timeline
For the current pre-order campaign:
Pre-orders open on 13/01/2025.
Orders will be placed with our supplier and will be shipped (dispatched) from the factory by February 15th following the conclusion of their working holidays.
The estimated delivery window will be communicated but is subject to change due to unforeseen circumstances.
15.3 Production and Shipping Delays
While we strive to adhere to the estimated timeline, unforeseen challenges such as supplier delays, manufacturing issues, shipping disruptions, or force majeure events may impact the production and delivery of pre-order items. Should delays occur, we will inform customers promptly via email or other communication channels.
15.4 Customer Rights in Case of Delays
In the event of significant delays (beyond 30 days from the estimated delivery date), customers will be given the option to:
Continue with their pre-order, with updated delivery estimates; or
Request a refund of the purchase amount.
15.5 No Guaranteed Delivery Dates
While we provide estimated delivery timelines, we cannot guarantee exact delivery dates for pre-order items. By placing a pre-order, you agree to this flexibility.
15.6 Payment and Refunds
Full payment is required at the time of placing a pre-order. If the pre-order cannot be fulfilled due to unforeseen circumstances, customers will receive a full refund.
15.7 Limited Availability
Pre-order items are subject to availability. If for any reason the pre-order quantity cannot be fulfilled (e.g., production limitations), refunds will be issued to affected customers.
15.8 Communication
Customers are encouraged to contact us at clearskiesindisguise@gmail.com with any questions or concerns regarding their pre-order. We are committed to keeping customers informed and providing updates on the status of pre-orders as necessary.
This policy ensures that pre-orders run smoothly while addressing potential challenges with transparency and fairness. Thank you for your support and understanding.