1. Definitions

We, us and our means Aster & Oak Pty Ltd ACN: 636 228 727 trading as Aster & Oak and Aster & Oak organic.

You, your and customer refers to you as the purchaser of the products and, where you have registered an account with us, the account holder.

This Agreement refers to these Terms & Conditions of Sale.

Website refers to asterandoak.com.au.

2. Entire agreement

2.1. Your order, together with this Agreement, our Website Terms Of Use and our Privacy Policy, constitutes the entire agreement between you and us for the supply of our products to you on a retail (non-wholesale basis).  No other terms and conditions will apply.

2.2. The terms and conditions applying to any wholesale supply by us to you will be governed by the Wholesale Agreement we enter with you together with our Wholesale Terms & Conditions.

3. Variation

3.1. Nothing in this Agreement may be amended or varied without our consent in writing.

3.2. We reserve the right to amend or update this Agreement at any time without notice to you.  It is your responsibility to ensure you have read the latest version of this Agreement on our website before making a purchase from our online store.

4. General disclaimer

4.1. We endeavor to ensure that the content on this website is accurate, including pricing, specifications, product information and availability. We will use reasonable efforts to ensure that there are no typographical errors and that product information is up to date, however pricing, specifications, product information and availability are subject to change without notice. Pricing and availability are not confirmed until validated at the time your order is placed.

4.2. From time to time some items listed for sale on our website may be out of stock or unavailable and therefore we may not be able to fulfill part or all of your order.  If this occurs, we will use reasonable endeavors to contact you as soon as possible to arrange a full or partial refund.  We will not be liable for any loss suffered by you or any third party resulting from a delay in processing your refund.

4.2. Aster & Oak will not accept liability for loss caused by any circumstance or thing beyond our reasonable control.

4.3. Any item sold by us as organic means that the item complies with the Global Organic Textile Standard. Any information provided by us in relation to organic materials or benefits is for information purposes only.

5. Currency Conversion, Gift Cards and Promotions

5.1. Currency Conversion
All prices are listed in AUD unless a different currency is chosen by you. Currency conversions displayed on our website are an estimate only. The final price in your selected currency will be confirmed when the order is placed and your payment is processed.  You accept any price difference based on the then-current exchange rate applied at the time of check-out. You accept the method we use to calculate the exchange rate as being conclusive and correct.

5.2. Gift Cards
Gift cards are valid for use for 2 years from purchase. The balance of any gift card remaining on the expiration of the gift card will be forfeited.

5.3. Promotions
You may at times receive online offers and promotions which include a discount voucher or coupon code (Code) for use when shopping on the Website. It is your responsibility to ensure that any such Code is valid and that you enter the correct code at the time of making your online purchase.  A Code cannot be applied to an order retrospectively after the order has been submitted. Please ensure you read and understand any applicable terms and conditions governing the use of any such Code.  All Codes are non‑transferable and cannot be used in conjunction with any other offer unless expressly stated otherwise.  Lost or stolen Codes will not be reissued or replaced.  Any stated discount applies to the Australian recommended retail price (RRP) including the Australian GST component of that price.  Codes will not apply to purchases of gift cards, gift boxes, charity items, licensed products or where indicated as such on the product page.  Promotional or discount offers are subject to change at any time without notice to you.  We reserve the right to refund any orders that have used a Code on incorrect items.  We reserve the right to refuse to accept a Code for any reason.  Codes are not available for use with wholesale orders.

6. Colours and Sizing

6.1. Different computer screens and monitors may affect how colours are displayed and we are not able to guarantee the accuracy of any colours displayed on our website. Any variation in colour between that displayed on your device and the physical product will not be grounds to request a refund or exchange and will not render an item as not matching its sample.

6.2. Our size charts are a guide only. Sizing throughout our range varies depending on styles and cuts. For further information on sizing please refer to our Sizing Guide, noting particularly that our clothing is designed for growth.

6.3. If you select the wrong size or change your mind and wish to return an item, then you must follow the returns procedure set out in clause 10.

6.4. We do not offer refunds where you have purchased the wrong size or changed your mind. A refund will only be offered where a product is defective. In all other cases, a store credit voucher will be offered.

7. Multiple Orders

7.1. Please take care when choosing sizes and items. Where we are of the opinion that you have bought numerous items of different sizes, or multiple items to ‘see what looks best’ with no intention of keeping all of those items, then we may, in our absolute discretion, reject any Sizing Return Claim. This behavior has a significant cost to our businesses as it makes our items ‘out of stock’ and we can’t complete orders with other customers while we wait for you to make up your mind until the item is returned.  If we, in our absolute discretion, determine to accept a Sizing Return Claim of this nature, then we reserve the right to charge a 25% administration fee which will be deducted from the value available to you. We retain the right to cancel any retail/website store order without notification if we believe that the items have been purchased for the purpose of resale (including but not limited to gift packs, hampers, eBay, and Amazon) avoiding wholesale terms as specified by Aster & Oak Pty Ltd.

7.2. We may also choose to cancel a multiple item order of the nature described in the preceding paragraph before it is fulfilled by us and without having to provide any reason to you.  Where we choose to cancel a multiple item order before we fulfill it, we will not be liable to you for any amount other than a refund of monies paid for that order.

8. Shipping

8.1. Shipping costs are not included in the price and will be added at checkout.

8.2. Items will usually be dispatched within 3 business days after payment has cleared. We will notify you by email of any anticipated delay as soon as possible after we are made aware of the delay.

8.3. Risk in the Products passes to you upon postage by us.  We are not liable if an order is lost in transit.

8.4. We are not responsible if you provide the incorrect contact details or delivery address at checkout or if your delivery is taken without authorization from the address to which it was delivered. If an order is returned to us undelivered, we will refund your payment less any shipping costs.

8.5. We are not responsible for any shipping losses or delays resulting from the acts or omissions of third-party postal or courier services, or any other matter outside of our control including any epidemics, lock-downs, strikes, wars, Acts of God, theft, or otherwise.

8.6. Shipping within Australia
8.6.1. All orders sent within Australia are shipped via Australia Post.

8.6.2. Ordinarily, please allow 3-10 business days from order to delivery. Shipping times vary depending on your location and the type of delivery you have selected at check out.

8.7. International shipping
8.7.1. All orders sent overseas are shipped via standard international mail.

8.7.2. Please allow 5-25 business days from order to delivery. Shipping times vary depending on your location.

8.7.3. Import taxes and duties related to international shipping are your responsibility and we will not be held liable for any delays which occur as a result of customs processing on international orders.

8.8. Shipping Costs
We may from time to time publish approximate shipping costs on our website which are always subject to the terms of this Agreement and, to the extent of any inconsistency, this Agreement shall prevail.

8.9. Investigation into Items Lost in Transit
If you feel your order has been lost in transit, please contact us with your order number and if we consider it appropriate to do so and without any admission as to fault or liability, we will assist you by raising a full investigation with the courier/postal service. Such investigation will be dealt with in the time frames provided by that courier/postal service which is out of our control.

9. Warranties and Refunds

9.1. Except to the extent required by the Australian Consumer Law, we do not offer refunds. To be clear, we do not offer refunds where you have purchased the wrong size or changed your mind. A refund will only be offered where a product is defective. In all other cases, a store credit voucher will be offered.

9.2. The only warranties that apply to our products are those provided under the Australian Consumer Law.

9.3. If you are not entirely happy with your item please let us know within 7 days of receiving the item by email to sales@asterandoak.com.au. We will consider refunds on a case by case basis, without obligation.

9.4. Shipping costs are non-refundable for any refunded/returned or exchanged items, except where the item is found to be faulty.

10. Returns

10.1. We strongly advise all customers to check items thoroughly upon delivery, before removing any attached tags. Returned items must be in brand new and original condition as purchased, with all labels and tags attached, and must be:

- Unworn, unwashed, with no marks.
- No perfumes or smells.
- We will also not accept any items that are contaminated with pet hair as this is a breach in our GOTS certification.

10.1.2. If an item is returned with any of the above conditions, Aster & Oak has the right to charge a cleaning fee which will be taken out of your store credit.

10.2. All mystery bag and outlet shop sales are final and are not eligible for refund or exchange.

10.3. If you wish to return an item, you must follow this specific procedure:-

10.3.1. Download and print our Customer Returns Form which can be found here.  If you are unable to download the Customer Returns Form, please contact us on sales@asterandoak.com.au and we will email a copy out to you.

10.3.2. Fill out the Customer Returns Form and indicate whether you are requesting a store credit or a refund. Refunds will only be given if a product is found to be defective.

10.3.3. Place the item into a mailing satchel or box together with the completed Customer Returns Form. The item must be packaged in a way so as to protect the item from transit damage.

10.3.4. Post the packaged item to our warehouse at the following address:

Aster & Oak Returns
PO Box 282
AUSTRALIND  WA  6233
Australia

10.4. Unless the item is faulty or we mistakenly sent you an incorrect item, all shipping costs are at your expense. Risk in the item remains with you until it is received by us.

10.5. Returned items must be received at our warehouse no later than 14 days after receipt of the order by you.

10.5. All returns will be assessed. If we accept your returned item, then we may, in our absolute discretion, elect to:-

(a) exchange the item for the same replacement item (and any difference in the then current price of that item will be disregarded); or
(b) provide you with a store credit to the same value of the item paid (i.e the price you paid for it excluding any shipping). Please note, store credits must be used within 12 months of issue; or
(c) provide you with a refund of the monies paid for that item (excluding any shipping).

10.6. You will be liable for the shipping and insurance costs of any exchanged item.

10.7. We may reject your returned item at any time if:-

(a) you fail to comply with the procedure and requirements set out in this clause 10;
(b) you are otherwise in breach of a term of this Agreement;
(c) clause 7 applies; or
(d) for any other reason we think fit.

11. Liability

SUBJECT TO CLAUSE 12, IF WE ARE HELD TO BE LIABLE TO YOU, OUR MAXIMUM LIABILITY TO YOU SHALL BE A REFUND OF MONIES PAID BY YOU TO US FOR THE ITEM THE SUBJECT OF THE LIABILITY (EXCLUDING SHIPPING) OR A REPLACEMENT OF THE ITEM.  IN NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR INDIRECT OR CONSEQUENTIAL LOSSES WHATSOEVER OR HOWSOEVER ARISING.

12. Australian Consumer Law Notice

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

13. Provisions Relating to Customers in the United States of America

SOME JURISDICTIONS IN THE UNITED STATES OF AMERICA DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.  IF, NOTWITHSTANDING CLAUSE 11, A COURT IN THE UNITED STATES OF AMERICA HOLDS THAT THE LAW OF SUCH JURISDICTION IS TO APPLY TO ANY PRODUCTS SUPPLIED TO YOU, THEN THE LIABILITY OF US IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THAT JURISDICTION.

14. General Provisions

14.1. Proper Law and Jurisdiction
This Agreement is governed by and construed under the laws of the State of Western Australia. Any legal action in relation to this Agreement may only be brought in any court of competent jurisdiction in the State of Western Australia.

14.2. Severability
Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction. If any term or condition in this Agreement (or its application to any person or circumstance) is invalid or unenforceable, the remaining terms and conditions are not affected and each term and condition of this Agreement is valid and enforceable to the fullest extent permitted by law.

14.3. Waiver

The failure by Aster & Oak to enforce any term or condition of this Agreement shall not be treated as a waiver of that term or condition, nor shall it affect the rights of Aster & Oak to subsequently enforce that term or condition.

Latest Revision: September 2020