1. Information on this Site
1.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Stitch Shop Pty Ltd.
1.2 Information about the goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
1.3 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site.
1.4 This policy extends to purchases made both online and at our physical store locations.
2.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
2.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.
2.3 We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by our delivery partners.
2.4 By default, you provide authority to leave items at the address specified in your Order. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not collect the product from the carrier then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) Charge you for our reasonable storage fees and other costs reasonably incurred by us; or
b) No longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
2.5 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
2.6 For all orders over $100 AUD, initial postage within Australia is complimentary.
2.7 Overseas shipping is available upon consultation with our customer service team.
3.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
3.2 If you wish to cancel your Order, please contact our Customer Service Team via firstname.lastname@example.org
. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.
4. Faulty Product Returns
4.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a defect, please contact our customer service team as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.
4.2 If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.
4.3 It does not constitute a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
4.4 A valid proof of purchase is required to process a faulty product return transaction.
5. Change of Mind Returns (note the definition of ‘return’ in clause 14)
5.1 In addition to your rights in relation to faulty products in clause 4, you can return any product:
a) As long as the goods are returned within 30 days;
b) Are unused and in a clean, saleable condition with the original tags still attached;
c) In the original packaging, which must be in the original condition, including sealed boxes and packaging;
d) With a valid proof of purchase; and
e) It has not been specifically excluded from the change of minds returns policy, such as ‘Final Sale’ items. The exclusion will be noted on the relevant product page on our Site and/or at checkout.
5.2 Upon receiving and inspection of your return, we will contact you about next steps. Once determined the return is in compliance with clause 5.1, we will either:
a) Provide you with a store credit worth the price of the product returned; if you have used store credit or gift cards to pay for the full price, we will only reinstate the original amount of store credit. If you have used store credit or gift cards to pay for part of the price, we will reinstate the original amount of store credit you have used and offer you with additional store credit of the non-store credit or non-gift cards payments you have made for the product returned; or
b) Exchange the product, subject to availability.
5.3 Under the Australian Consumer Law, Stitch is not required to provide you with a refund or replacement where:
a) You change your mind, decide you do not like the goods or have no use for them;
b) Discover you can buy the goods cheaper elsewhere;
c) Examine the goods prior to purchase and ought to have seen any obvious fault.
d) Had the defect drawn to their attention before buying; or
e) Damage the goods by using them in a way they were not meant to be used.
5.4 We will not refund any Delivery Fees that you have paid at purchase to have the product shipped to you, or the cost of any packaging you provide to send the items back to us. If the return, in our reasonable opinion, is not in compliance with clause 5.1, we will contact you to ship the product back to you and you will be liable for the shipping costs both to and from us.
5.5 Nothing in this clause is intended to exclude any rights under clause 4 or any of your statutory rights as a consumer under Australian Consumer Law.
6. Receipts & Proof of Purchase
6.1 To use your rights contained under Australian Consumer Law you will need to keep the receipt or retain another type of proof of purchase.
7. Custom, Made to Order and Special Order Returns
7.1 Unfortunately, there is no refund, exchange or cancellation available on custom, made to order and special order items.
7.2 Stitch cannot be held responsible when providing a service where:
a) You did not make it clear what you wanted done, except where it was clear from the circumstances what you wanted, or;
b) You insisted on having the service carried out in a particular way, but do not like the result.
7.3 Nothing in this clause is intended to exclude any rights under clause 4 or any of your statutory rights as a consumer under Australian Consumer Law.
8. Vouchers, Gift Cards and Store Credit
8.1 We assume no liability for the loss, theft or illegibility of vouchers and gift cards, including if gift cards are used without permission.
8.2 Conditions for the redemption of gift cards include:
a) You may purchase gift cards for use on stitchshop.com.au and instore by you or other customers. Gift Cards can be redeemed at the checkout. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed in accordance with the special terms stated on them.
b) Gift cards are valid for 36 months from purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.
c) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards.
d) The 36 month does not apply to gift cards that are:
i) Donated for promotional purposes;
ii) Available only for a specified period;
iii) Supplied at a genuine discount;
iv) Part of an employee reward scheme, or;
v) Part of a customer loyalty program.
8.3 Conditions for using store credit include:
a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
b) Store credit is valid for 12 months. Any balance that remains after the 12 months will be voided and will not be available for use.
c) Store Credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items - you will not be able to refund or return those further items for cash.
8.4 If you cancel or return items purchased using a gift card or store credit:
a) The refund value of an item is the final price you paid for that item; and
b) You are only entitled to receive ‘cash refunds’ for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits (on an item basis). For example, where total Order price is paid:
i) Entirely by gift cards or store credits - refunds are offered as store credit only; or
ii) Entirely by ‘cash’ - refunds offered as store credit or ‘cash’ (at your election).
9. Classes, Workshops and Events
9.1 You can sign up for classes on our website, in person at Stitch or by calling us on 02 9958 6038. We require full payment of the deposit at the time of booking in order to reserve your place in the class. The balance of the payment is due by the end of the first day of the class.
9.2 Class materials can be purchased from Stitch on your class day or earlier if pre-arranged and will be granted a 10% discount.
9.3 Conditions for the cancellation on class bookings
a) We do not issue refunds on class bookings unless we have cancelled the class. You will be offered either:
i) A full refund, or
ii) A place in the next offering of that class where available, or
iii)A choice to move the deposit to another class available.
b) In the event of a cancellation of a class by Stitch these policies still apply.
9.4 Conditions for arriving late to a class:
a) Stitch retains no liability in the event you arrive late to the class, and is not required to make up for the lost time or information.
a) Stitch is not liable for any costs incurred including but not limited to: materials purchased in advance, travel, or accommodation.
10.1 Stitch reserves the right to alter our pricing at any time, and we are under no obligation to issue a refund, store credit or gift voucher for any class or product purchased outside of an offer, sale, or price change.
11.1 You are strictly prohibited to use any of the class sheets, designs, photography or materials from our classes for your own use in the course of business.
N.B. Australian copyright law automatically applies to actions that take place in Australia, even if the material used was created or first published in another country.
12.1 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
13. Governing law
13.1 These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
14.1 In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears:
a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.
b) “Breach of Duty” means the breach of any:
i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
c) “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract).
d) “Stitch Shop”, “Stitch”, "we", "our", "us" means Stitch Shop Pty Ltd (ABN 49 612 059 033) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
e) ‘Return’ means the product has been returned to the retailer and may be available to receive an exchange or store credit, and is distinct from a refund.
f) ‘Refund’ means to return the money paid through repayment, or balancing of accounts.
15.1 Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
15.2 Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
15.3 Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
15.4 References to includes or including or like words or expressions shall mean without limitation.
These Terms were last updated on 30 October 2020.