Terms & Conditions

Online Terms & Conditions

Sydney Pole

1. Definitions

Sydney Pole is a registered trademark owned by Sydney Pole Pty Ltd ABN 82 150 836 703 10.

‘We’, ‘Us’, ‘Our’ – Sydney Pole Pty Ltd

‘Customer’ – anyone who makes a purchase or orders any product(s) through sydney-pole-shop.myspotify. com or sydneypoleshop.com.

‘Terms’ – Terms and conditions of sale

2. Terms of Sale

These terms apply to all contracts for the sale of goods by Sydney Pole Pty Ltd through sydneypoleshop.com.au / sydneypoleshop.com and may be updated by us from time to time without notice. It is therefore important for all customers to check the terms and conditions of sale prior to placing an order.

No amendment, alteration, waiver or cancellation of any of these Terms is binding on Us unless confirmed by an authorised representative (Head of Merchandising/Director/ Founder) of Sydney Pole Pty Ltd in writing.

The Customer acknowledges that no employee or agent of Sydney Pole Pty Ltd has any right to make any representation, warranty or promise in relation to a product or the sale of any products that would conflict with these Terms of Sale.

2a. Pricing

All prices are in Australian Dollars (AUD) and include GST.

All prices are correct at the time of publication. However, we reserve the right to alter the prices for any reason.

2b. Discounts

There are no discounts available at this time, unless expressly advised by Us or the item is a sale item. Any discounts given are not applicable to sale / clearance items which are already discounted.

2c. Orders

All orders are subject to acceptance and We reserve the right to refuse orders or correct any mistakes, omissions and inaccuracies in relation to price, product availability or product descriptions. An email confirmation of your order does not constitute an acceptance of the order or an offer to sell any product(s). No contract of sale is formed until the time that the Customer’s debit or credit card has been debited.

Unless otherwise provided for in these Terms and Conditions, the Customer may not cancel or amend their order (including delivery address, colour, size, or quantity) after their order has been placed.

2d. Delivery/Shipping

It is the obligation of the Customer to provide the correct delivery address details at the time of ordering. Should you enter the wrong address, We are not obligated to re-send the order to the correct address at our expense. We are unable to deliver to P.O. Boxes and Parcel Lockers, and orders addressed to either a PO Box or Parcel Locker will be automatically cancelled. We offer free shipping within Australia only. Worldwide shipping will be calculated at checkout.

Items will be dispatched within 3-5 business days of order confirmation. However, there may be delays if the order is placed close to a weekend or public holiday.

At the time an order is dispatched, the Customer will receive an email shipping confirmation with a tracking number and a link to the carrier’s site. Please note that the package will not be traceable for at least 24 hours.

Authority to leave (ATL) has been set up as default delivery option – Your items may be left unattended at the destination address unless specified.

2e. Title

Legal and beneficial ownership of any goods purchased by the Customer will not pass to the Customer until such time as the goods have been paid for in full in cash or cleared funds.

2f. Risk

Any goods sold and/or delivered to the Customer are entirely at the risk to the Customer from the moment of delivery to the Customer’s point of delivery or on collection, regardless of whether title has passed to the customer.

2g. Returns

At this time we are not accepting returns or refunds. Please select your options and sizes carefully.

2h. Faulty Items

If an item has a manufacturing fault, a replacement will be offered where available. If not, a full refund will be offered. Freight charges will be included in the refund if the returned items are posted to our Head Office. Faulty items must be returned within 14 days (including weekends). A refund will only be granted after a thorough inspection of the garment, and We reserve the right to deny any refund requests if We do not believe an item to have a manufacturing fault. 

A Customer may return their faulty item for a refund with the following conditions:

1. We receive the items within 30 days from the time the customer makes the original purchase. The purchasing receipt must also be included, and details of the fault noted.

2. The returned items must be unworn, unwashed, and otherwise unused with tags still attached. 

3. The returned item will be posted to Us at the customer’s expense.

4. Items returned outside of the 30 days will not be refunded. If items are posted to us and refused in this manner, these items will be posted back to the customer via mail.

5. We will not be responsible for any items that are lost in transit to or from the customer

6. For Returns received via mail, Refunds will be processed within 7 business days of receiving the Customer’s returned item(s), though the time until the finalisation of payment may vary depending on the Customer’s bank.

Any items to be returned via mail should be posted to our Head Office address below with the purchasing receipt and Online Return Form:

To: Sydney Pole Head Office
Attn: Merchandising Dept
106 Pyrmont Bridge Road, Camperdown, NSW 2050

Refunds will be processed within 7 business days of receiving the Customer’s returned item(s), though the time until the finalisation of payment may vary depending on the Customer’s bank.

2i. Limited liability

Nothing in the Terms shall exclude or limit Our liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

Any breach of these Terms by any of Our employees or agents will only render us liable for any losses which are a reasonably foreseeable consequence of such a breach.

We are not liable for any indirect losses that result as a side effect of the main loss or damage, such as loss of profits or opportunity.

Our maximum liability to the Customer for any loss or damage arising in connection to any purchases or orders made under the purview of these terms shall be limited to the total price of the order.

2j. Force Majeure (Unforeseeable Circumstances)

Sydney Pole Pty Ltd will not be liable for any breach of contracts due to any matter or thing beyond our control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots, intervention of public authority, explosion, or accident).

3. Copyright

The copyright and any other intellectual property rights in the material that are contained or displayed in this website are the exclusive property of Sydney Pole PTY Ltd. Any reproduction or use of any of the contents of this website without the express written consent of Sydney Pole Pty Ltd is prohibited.

4. Privacy Policy

Personal information (such as telephone number, billing address or credit card information) provided by the Customer during checkout will only be used for the purposes of trade and delivery in line with the purpose of this website. By using this website, the Customer consents to the processing of information as described and warrants that all data provided by the Customer is accurate. The website may also make use of ‘cookies’ from time to time. Cookies are small software messages kept in the Customer’s browser that enable us to learn about a Customer’s preferences so we can better meet their individual needs. For example, cookies may allow our brands to target to you particular styles that you have shown an interest in. They may also allow us to identify other key information for the Customer such as when an item has been left in the shopping cart, or whether or not a Customer is returning to our website. It is common for most internet browsers to be set up to accept cookies. However, if the Customer does not wish to receive cookies, they may adjust their browser settings to notify them each time

that a cookie is used on their browser, or even refuse accepting cookies altogether. Please note that turning off these services may mean some features on our website are not available to you.

5. Sever-ability

If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

For any enquiries, please contact the Merchandise team at merch@sydneypole.com.