This website is operated by Headnoise Apparel Pty Ltd (ACN 675 270 416). Throughout these Terms, "we", "us", "our" and "Headnoise" refer to Headnoise Apparel Pty Ltd. Our Site (headnoisephilosophy.com, including our social media accounts) offers products and services conditioned upon your acceptance of these Terms and Conditions, including all policies referenced herein.

By visiting our Site or purchasing from us, you engage in our Service and agree to be bound by these Terms. These Terms apply to all users of our Site, including customers, browsers and contributors of content. Please read these Terms thoroughly before accessing our Site.

Any future features or tools added to the Site shall also be subject to these Terms. We reserve the right to update or change any part of these Terms without notice. Changes will be posted to our Site and your continued use constitutes acceptance.

You must be at least 18 years of age to use our Site and make purchases. By using our Site, you warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are under 18, you may only use our Site with the involvement and consent of a parent or legal guardian.

Headnoise Apparel Pty Ltd
ACN: 675 270 416
Email: admin@headnoisephilosophy.com
Website: headnoisephilosophy.com

Our Site is hosted by Shopify Inc., which provides us with the online e-commerce platform to sell our products and services.

You agree to provide current, complete and accurate account, address and purchase details for all purchases made on our Site. You agree to promptly update your account and other information, including your delivery address, email address and payment details, so that there is no delay in fulfilling your order and contacting you as needed.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

We sell our products primarily via our Site. Some products may be sold in person at events or pop-up shops. Our products may have limited quantities and are subject to return or exchange as detailed on our Returns Policy page.

We make every effort to display products as accurately as possible, including descriptions, sizes, shapes, colours, materials and images. However, we cannot guarantee that your device's display will render an accurate representation of any product. Colours may appear differently depending on your screen settings.

All prices are listed in Australian Dollars (AUD) and include 10% GST for Australian orders. When goods are exported to an address outside Australia, the GST component will be removed and the export price will be exclusive of GST. This adjusts automatically at checkout when your address is entered.

Prices for any of our products are subject to change without notice. We reserve the right to modify or discontinue any product or Service without notice. We shall not be liable for any price change, modification or discontinuance.

At times we may discount our products. Any savings shown will be compared against our original full retail price when the product was first introduced. Products may have been on sale for longer than the period at the previous price. Crossed-out prices represent the original full retail price.

When you place an order through our Site, you are making an offer to purchase. We reserve the right to accept or refuse any order at our sole discretion. An order is accepted and a contract is formed only when we send you an order confirmation email.

We may refuse or cancel orders for reasons including but not limited to: product availability, pricing errors, suspected fraud, bulk/resale purchasing, or technical errors. If we cancel an order, we will contact you and refund all monies received to the original payment method.

We reserve the right to limit the quantities of any products purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, same credit card, or same billing and/or shipping address.

We accept Visa, Mastercard, American Express and UnionPay, plus Apple Pay, Google Pay and Shop Pay. All payments are processed securely through our payment processors.

Credit card information is always encrypted during transfer over networks. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements.

We reserve the right to cancel orders and suspend accounts where we reasonably suspect fraudulent activity, including but not limited to the use of stolen payment details, chargebacks, or patterns of suspicious purchasing behaviour.

Please see our dedicated Shipping & Deliveries page for full details about delivery options, timeframes, tracking and policies.

Risk transfer: Risk in the products you purchase will pass to you on the date and time our delivery partner confirms delivery to the address provided in your order. Until that point, risk remains with us (unless loss or damage is caused by the carrier, in which case we will assist with claims).

Title transfer: Title in the products passes to you on receipt of full payment.

Under Australian Consumer Law, our products come with guarantees that cannot be excluded. You are entitled to a repair, replacement or refund if a product has a major fault, is not of acceptable quality, doesn't match its description, or doesn't do what we said it would. You are also entitled to compensation for any other reasonably foreseeable loss or damage. Minor faults must be repaired within a reasonable time.

Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any statute (including the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.

To the extent permitted by law and where goods are not acquired for personal, domestic or household use, our liability is limited to, at our option, replacing the goods, supplying equivalent goods, or paying the cost of replacing the goods or acquiring equivalent goods.

Please see our dedicated Returns Policy page for full details about returns, exchanges, refunds and faulty items. On receiving your order, you are responsible for inspecting the product for fault, quality issues or damage and notifying us as soon as possible if there is an issue.

From time to time, we may offer promotional discounts or discount codes. Unless otherwise stated, promotional offers are subject to the following conditions:

• Only one discount code may be applied per order.
• Codes cannot be combined with other offers or promotions.
• Codes cannot be applied after an order has been placed.
• We reserve the right to modify, suspend or cancel any promotion at any time without notice.
• Promotional codes have no cash value and are not redeemable for cash.
• Codes are subject to availability and may have expiry dates or minimum spend requirements as specified at the time of issue.

If offered, gift cards are subject to the following conditions:

• Gift cards have a minimum expiry period of three years from the date of purchase, in accordance with Australian law.
• No post-purchase fees will be applied that reduce the value of the gift card.
• Gift cards are not refundable and cannot be exchanged for cash.
• The expiry date (or a statement of no expiry) will be clearly displayed on the gift card at the time of purchase.
• Gift cards may be used for any product on our Site, subject to availability.

By providing your email address or phone number at checkout or via our Site, you may opt in to receive marketing communications from Headnoise. In accordance with the Spam Act 2003 (Cth):

• We will only send marketing communications where you have given express consent (opt-in).
• Every marketing message will clearly identify Headnoise Apparel Pty Ltd as the sender.
• Every marketing message will include a functional unsubscribe mechanism.
• Unsubscribe requests will be processed within 5 business days.
• The unsubscribe mechanism will remain functional for at least 30 days after the message is sent.

Transactional emails (order confirmations, shipping notifications, account alerts) are not marketing messages and will be sent regardless of your marketing preferences.

All content on our Site, including but not limited to text, graphics, logos, images, product designs, photography, video, audio, software and the compilation thereof, is the property of Headnoise Apparel Pty Ltd or its content suppliers and is protected by Australian and international copyright, trademark and intellectual property laws.

The Headnoise name, logo and all related marks are trademarks of Headnoise Apparel Pty Ltd. You may not use, reproduce, duplicate, copy, sell, resell or exploit any portion of our Site, Service, content or intellectual property without express written permission from us.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our Site for personal, non-commercial purposes only.

If you send us creative ideas, suggestions, proposals or other materials, or post reviews, comments or other content on our Site or social media, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use that content in any medium. We are under no obligation to maintain any content in confidence, pay compensation, or respond.

Reviews: We may publish product reviews on our Site to assist customers in making informed decisions. We moderate reviews to remove content that is fake, offensive, defamatory, contains personal information, or is spam. We do not suppress or edit genuine negative reviews. Our moderation policy applies equally to positive and negative reviews.

You agree that any content you submit will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material or malware.

Headnoise maintains a presence across social media platforms. By interacting with our social media accounts, the same Terms apply. If you tag images with any of our social media handles, you grant Headnoise a non-exclusive, transferable, worldwide, royalty-free, irrevocable, perpetual right and licence to use, reproduce, adapt, publish, display and distribute that content across any medium, without compensation.

By submitting content you confirm it is your original creation, you have all necessary rights, it is free from malware, and you waive any moral rights in the content. We reserve the right to remove posts we consider unlawful, offensive, harmful, spam, defamatory or otherwise objectionable.

Third-party links on our Site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or accept liability for any third-party materials, websites, products or services.

Please review carefully the third party's policies before engaging in any transaction.

In addition to other prohibitions in these Terms, you are prohibited from using our Site or its content:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any laws or regulations
• To infringe upon our intellectual property rights or those of others
• To harass, abuse, insult, harm, defame, slander, intimidate or discriminate
• To submit false or misleading information
• To upload or transmit viruses or malicious code
• To collect or track personal information of others
• To spam, phish, scrape or crawl
• To interfere with or circumvent security features
• For any commercial resale purpose without express written permission

We reserve the right to terminate your use of our Site for violating any of these prohibited uses and to suspend or close your account without notice.

Your submission of personal information through our Site is governed by our Privacy Policy. Please review it before using our Site or providing any personal information.

Our Site uses cookies and similar technologies to improve your experience, analyse traffic and personalise content. By continuing to use our Site, you consent to the use of cookies in accordance with our Privacy Policy. You can manage your cookie preferences through your browser settings.

To the maximum extent permitted by law, and subject to our obligations under the Australian Consumer Law (which cannot be excluded), Headnoise Apparel Pty Ltd, its directors, officers, employees, affiliates, contractors, suppliers and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits, lost savings, lost data or replacement costs, arising from your use of our Site, Service or products.

Where our liability cannot be excluded under statute, our liability is limited at our option to: replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or acquiring equivalent goods; or paying the cost of having the goods repaired.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only.

You agree to indemnify, defend and hold harmless Headnoise Apparel Pty Ltd and its directors, officers, agents, partners, contractors and employees from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party. This indemnity does not apply to the extent that a claim arises from our own negligence, wilful misconduct or breach of these Terms.

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, epidemics, government actions or restrictions, war, terrorism, civil unrest, strikes, carrier or supplier failures, supply chain disruptions, power or internet outages, cyberattacks, or extreme weather events.

In such circumstances, we will use reasonable efforts to notify you and to resume performance as soon as practicable. If the event continues for more than 30 days, either party may cancel an affected order, and we will refund any payment received for undelivered goods.

If you have a dispute with us relating to these Terms, our products or services, we ask that you first contact us at admin@headnoisephilosophy.com to attempt to resolve the matter through good-faith negotiation.

If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation administered by an independent mediator agreed upon by both parties (or, failing agreement, appointed by the Resolution Institute). The costs of mediation will be shared equally.

If the dispute remains unresolved after mediation, either party may commence proceedings in the courts of New South Wales, Australia.

Nothing in this clause limits your right to seek urgent injunctive relief or your rights under the Australian Consumer Law.

Occasionally there may be information on our Site that contains inaccuracies, typographical errors or omissions relating to product descriptions, pricing, promotions, shipping timeframes or availability. We reserve the right to correct any inaccuracies and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

If any provision of these Terms is determined to be void, unlawful or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms and Conditions, together with our Returns Policy, Shipping & Deliveries page and Privacy Policy, constitute the entire agreement between you and Headnoise Apparel Pty Ltd and govern your use of our Site and Service.

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, subject to your rights under the Australian Consumer Law and the dispute resolution process outlined in Section 24.0.

Headnoise Apparel Pty Ltd
ACN: 675 270 416
Email: admin@headnoisephilosophy.com
Website: headnoisephilosophy.com