Terms of Sale

TERMS OF SALE

GUCHI APPAREL PTY LTD
ACN 694 960 613

Last updated: 2026

Our Disclosures:

Our full Terms and Conditions are set out below. However, we have highlighted some important points for you to be aware of before becoming a customer:

  • Our liability under these Terms is limited, as described in clause 9.
  • Products marked as “Final Sale” or “No-Return” at the time of purchase are not eligible for refunds for change of mind, unless the product is faulty, as outlined in clause 7(a)(3).

1. Introduction

These Terms of Sale ("Terms") apply to all purchases made through the website operated by GUCHI APPAREL PTY LTD (“we”, “us”, “our”).

By placing an order on our website, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not place an order.

2. Eligibility

By placing an order you confirm that:

  • you are at least 18 years old

  • you have the legal capacity to enter into a binding agreement

  • the information provided is accurate and complete

3. Use of the Site

You must not use the Site in a manner that is unlawful or inconsistent with these Terms.

You must not:

  • engage in any conduct that breaches an individual’s privacy or other legal rights, including uploading private or personal information without the individual’s consent;

  • use the Site to defame, harass, threaten, intimidate or offend any person;

  • use the Site for unlawful or fraudulent purposes;

  • interfere with or disrupt other users of the Site;

  • tamper with, modify or attempt to compromise the security of the Site, including transmitting viruses or malicious code;

  • use the Site to send unsolicited electronic messages or spam;

  • use automated tools such as data mining, robots or screen scraping to collect information from the Site; or

  • facilitate or assist a third party to do any of the above acts.

4. Accounts

  • You can purchase products by creating an account with us. You may also register for an account through our platform.
  • You must provide accurate and up-to-date personal information when creating your account. Any personal information you provide will be handled in accordance with our Privacy Policy.
  • You are responsible for keeping your account details confidential and for all activity that occurs under your account, including any purchases made using your account information.

5. Orders

When you place an order on our website, you are making an offer to purchase products at the listed price.

We reserve the right to:

  • accept or reject any order

  • cancel orders prior to dispatch if errors occur

This includes errors relating to:

  • pricing

  • product descriptions

  • product availability

If an order is cancelled, we will issue a full refund.

6. Pricing and Payment

You must pay the purchase price of each product you order, plus any applicable delivery costs (together, the Price) as displayed on the Site. All amounts are in Australian dollars, with Australian GST (if applicable) shown separately. You are responsible for any customs duties or taxes applied to the Price.

The Price must be paid in full upfront using one of the payment methods listed on the Site. You must not pay, or attempt to pay, by fraudulent or unlawful means. If you pay by debit or credit card, you confirm that you are authorised to use that card.

We may offer payment through third-party providers. You acknowledge that we do not control the actions of these providers, and your use of their services may be subject to additional terms.

From time to time, we may issue promotional discount codes for certain products. To redeem a discount, you must enter the code when placing your order. Conditions for use of discount codes will be posted on the Site.

We may also run competitions on the Site or on social media. These competitions are governed by terms and conditions available on the Site at the time of each competition.

7. Product Availability

All products are subject to availability.

We reserve the right to discontinue products or modify product information at any time.

Product images are for illustration purposes only. Actual colours may vary depending on screen settings.

8. Delivery

Orders will be shipped to the address provided during checkout.

Delivery timeframes are estimates only and may vary depending on:

  • courier services

  • shipping destination

  • external delays

Risk in the goods passes to the customer once the products are delivered to the nominated delivery address.

9. Returns and Refunds

We offer refunds for eligible products if you change your mind, subject to our discretion and the following conditions:

  • The products must be in their original packaging and in “as new” condition.

  • The products must not be marked as “Final Sale” or “No-Return” at the time of purchase, unless they are faulty.

  • You must provide a photo of the item(s) before shipping so we can assess the condition.

  • Have your email address and order number ready, and visit our returns portal to start the return process.

For bundle purchases, if you claim a refund for part of the bundle, the original bundle pricing will no longer apply. The product you keep will revert to the current sale price, and a refund will be issued for the remaining amount. Please refer to our full returns policy for more details.

You are responsible for all delivery and return shipping costs for change-of-mind returns.

Your rights under the Australian Consumer Law may also apply in addition to this policy.

10. Final Sale Items

Products marked as “Final Sale” or “No-Return” at the time of purchase are not eligible for change-of-mind returns.

However, if a Final Sale item is faulty, customers may still be entitled to a remedy under **Australian Consumer Law.

11. Bundle Purchases

From time to time, we may offer products as part of a bundle promotion.

If a bundle purchase is partially returned:

  • the bundle pricing will no longer apply

  • any remaining items will revert to their individual retail price

The refund amount will be adjusted accordingly based on the updated pricing.

Example:

If a bundle includes 2 items at a discounted price and one item is returned, the remaining item will be charged at its standard retail price.

 

CRM DISCOUNT CODES - TERMS & CONDITIONS

By using ANY CRM Discount Codes, you agree to the following terms:

Eligibility:
Discount codes may be issued as part of a promotional campaign, email flow, or customer engagement activity (e.g. win back, welcome offer, etc.)

Discount Details:
The code entitles the recipient to a specific percentage or dollar amount off, as outlined in the original offer.
Eligible products or collections may change without notice

Usage:

  • The discount code is valid for one-time use only.
  • It is non-transferable and intended solely for the original recipient.
  • Each code can be used once per customer.

Validity Period:

  • The code is valid for 7 days from the date of issue.
  • Expired codes will not be extended or replaced.

Additional Conditions:

  • Cannot be combined with any other discounts, offers, or promotions.
  • Not valid on past purchases.
  • No cash value and no change or refund will be given for unused amounts.
  • Comfy Dura reserves the right to modify or cancel this promotion at any time without notice.

12. Faulty Products

If you receive a product that is:

  • faulty

  • damaged

  • not as described

please contact us and we will arrange an appropriate remedy including:

  • replacement

  • repair

  • refund

in accordance with **Australian Consumer Law.

13.Australian Consumer Law

Nothing in these Terms is intended to alter or limit your rights under the Australian Consumer Law (“Consumer Law Rights”), including any conditions, warranties, or guarantees it provides. Any other warranties or conditions not required by the Australian Consumer Law are excluded to the extent permitted, except where explicitly stated in these Terms.

If you return products to us to make a claim under the Australian Consumer Law, you are responsible for the cost of returning the products.

If your claim is valid under the Australian Consumer Law, we will reimburse your return delivery costs and, depending on the nature of the issue, either provide a repaired or replacement product or refund the purchase price of the relevant product. Please contact us for further details.

14. Customer Reviews

You may be allowed to post, upload, publish, submit, or share relevant content (“User Content”) on the Site.

By making any User Content available on or through the Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content. This includes the right to view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display or perform, transmit, stream, broadcast, and otherwise exploit the User Content on the Site or our social media platforms.

You are solely responsible for any User Content you share. You represent and warrant that:

  • You either own the User Content outright or have all necessary rights, licences, consents, and permissions to grant us the rights described in these Terms.

  • Neither the User Content, nor its posting, uploading, submission, or our use of it on the Site or social media, will infringe, misappropriate, or violate any third party’s intellectual property, publicity, or privacy rights, or breach any applicable law or regulation.

15. Intellectual Property

All intellectual property on this website including:

  • product designs

  • logos

  • graphics

  • images

  • text

is owned by or licensed to GUCHI APPAREL PTY LTD.

You must not reproduce, distribute or use any of our intellectual property without written permission.

16. Limitation of Liability

To the maximum extent permitted by law:

  • we are not liable for indirect or consequential loss

  • our total liability in connection with any purchase will not exceed the price paid for the product

Nothing in this clause limits any rights you may have under **Australian Consumer Law.

17. General

Disputes: Before commencing any court proceedings regarding a dispute, each Party must first meet with the other in good faith to try to resolve the issue. If the dispute cannot be resolved, the Parties agree to engage a mediator, with mediation costs shared equally. This clause does not prevent a Party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

Notices: Any notice under these Terms must be in writing and sent to us using the contact details below, or to you at the details provided in your order or account. Notices may be sent by standard post or email and are deemed served 48 hours after posting or at the time of email transmission.

Force Majeure: Neither Party will be liable for delays or failure to perform obligations caused by a Force Majeure Event, provided the affected Party promptly notifies the other in writing and takes reasonable steps to minimise the duration and impact of the event.

Feedback and Complaints: We welcome feedback and complaints. Please contact us using the details below, and we will take reasonable steps to address your concerns.

Assignment: You may not assign any rights or obligations under these Terms, in whole or in part, without our prior written consent.

Amendment: We may vary these Terms at any time by publishing updated terms on the Site. We recommend reviewing the current Terms before placing an order. For accepted orders, the Terms in effect at the time of order placement will apply.

Governing Law: These Terms are governed by the laws of South Australia. Each Party submits to the exclusive jurisdiction of South Australian courts and any appellate courts, waiving any objection to proceedings being brought there.

Third-Party Sites: The Site may contain links to third-party websites. Unless stated otherwise, we do not control, endorse, or take responsibility for the content of those websites. Any purchases from third-party websites are made directly with the third party, not us.

 

18.Definitions

Consequential Loss: Any loss or damage that does not naturally arise from the relevant breach, act, or omission, including (without limitation) loss of profit, revenue, business, goodwill, opportunity, savings, reputation, use, or data. The obligation to pay the Price under these Terms is not considered Consequential Loss.

Force Majeure Event: Any event or circumstance beyond a Party’s reasonable control.

Liability: Any expense, cost, loss, damage, claim, entitlement, investigation, demand, proceeding, or judgment of any kind, whether direct or indirect, present or future, certain or contingent, arising under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

19. Changes to Terms

We may update these Terms from time to time.

The Terms that apply to your purchase are those in effect at the time the order is placed.

20. Contact

For any questions regarding these Terms, please contact:

GUCHI APPAREL PTY LTD
ACN 694 960 613

Please contact us via privacy@comfydura.com.au