eahepty.com

Terms of service

OVERVIEW

This website is operated by AICHA FOOD AU PTY LTD. Throughout the Site, the terms “AICHA FOOD,” “we,” “us,” and “our” refer to AICHA FOOD AU PTY LTD. We provide this website and its associated information, products, shopping features, and services to you subject to these Terms of Service (“Terms”). These Terms apply to all visitors and users of the Site, including browsers, customers, account holders, and individuals who submit reviews or other content. By accessing the Site, creating an account, placing an order, or otherwise using the Services, you agree to these Terms and the policies incorporated into them, including our:

  • Privacy Policy;

  • Shipping Policy;

  • Return and Refund Policy; and

  • Any other policy or notice displayed during checkout.

If you do not agree to these Terms, you should not access the Site, create an account, or use the Services. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, remedy, or other right that cannot lawfully be excluded under applicable law.

1. ELIGIBILITY AND ONLINE STORE TERMS

To place an order, you must:

  • Be at least 18 years old;

  • Have the legal capacity to enter into a binding agreement; or

  • Use the Services with the involvement and authorization of a parent or legal guardian.

By placing an order, you represent that the information you submit is accurate and that you are authorized to use the selected payment method. You may not use the Site, products, or Services:

  • For an unlawful or unauthorized purpose;

  • In violation of applicable local, state, federal, national, or international law;

  • To infringe intellectual property or other legal rights; or

  • To introduce malicious code or interfere with the operation or security of the Site.

A material violation of these Terms may result in suspension or termination of access to the Services.

2. GENERAL CONDITIONS

We may refuse, restrict, suspend, or terminate access to the Services where reasonably necessary to:

  • Comply with applicable law;

  • Protect customers or third parties;

  • Prevent fraud, abuse, or security threats;

  • Enforce these Terms;

  • Address payment or identity-verification concerns; or

  • Protect the integrity of our business and systems.

We will not refuse service for an unlawful or discriminatory reason. You may not reproduce, copy, sell, resell, commercially exploit, or create unauthorized derivative works from any material portion of the Site or Services without our prior written permission. Information transmitted through the internet may pass through multiple networks and technical systems. Payment-card information is processed through authorized payment providers using security measures appropriate to the transaction. Our handling of personal information is described in our Privacy Policy.

3. ACCOUNTS AND ACCOUNT SECURITY

Certain features may require a customer account. You agree to provide current, complete, and accurate account information and to update it when necessary. You are responsible for:

  • Maintaining the confidentiality of your login credentials;

  • Restricting access to your device and account;

  • Activities conducted through your account; and

  • Notifying us promptly of suspected unauthorized access.

You may not impersonate another person, create an account using false information, or access another customer’s account without authorization. We may suspend an account where we reasonably believe it has been compromised or used in violation of these Terms.

4. PRODUCT INFORMATION

We make reasonable efforts to present accurate descriptions, photographs, prices, sizes, colors, materials, and availability information. However, product appearance may vary slightly because of:

  • Screen and device settings;

  • Photography lighting;

  • Manufacturing batches;

  • Fabric texture;

  • Dye lots;

  • Garment construction; and

  • Manual measurement methods.

These variations do not affect rights or remedies available for products that are defective, materially different from their description, or otherwise nonconforming under applicable law.

Color Display

We attempt to display product colors accurately. The color shown on a screen may differ slightly from the physical garment because of device settings, display calibration, and lighting.

Sizing and Measurements

Customers should review the size guide and product-specific measurements before ordering. Garment measurements may be approximate. Any expected measurement tolerance should be disclosed on the applicable product page or size guide. A material discrepancy from the advertised size or measurements may be addressed under our Return and Refund Policy and applicable consumer law.

Fabric Characteristics

Natural or expected fabric characteristics may include:

  • Linen creasing;

  • Cotton slubs;

  • Denim fading;

  • Minor texture variations;

  • Grain variations; and

  • Natural changes following normal wear and proper washing.

Normal fabric characteristics are different from defects in workmanship or material.

5. PRODUCT AVAILABILITY AND PURCHASE LIMITS

Certain products, seasonal collections, limited releases, colors, or sizes may be available only online and may have limited quantities. We may reasonably limit product quantities by:

  • Customer;

  • Account;

  • Household;

  • Payment method;

  • Billing or shipping address; or

  • Order.

We may limit or cancel orders that reasonably appear to involve:

  • Fraud;

  • Unauthorized payment activity;

  • Resale or commercial distribution;

  • Automated purchasing;

  • Abuse of promotions;

  • Pricing or inventory errors; or

  • Attempts to circumvent purchase limits.

If we cancel a paid order or item before shipment, we will provide an applicable refund to the original payment method. Product availability is not guaranteed until an order has been accepted and processed.

6. PRICES, TAXES, AND CURRENCY

Product prices may change without notice. A price change does not affect an order that we have already accepted unless:

  • The customer requests an order modification;

  • The displayed price resulted from an obvious error; or

  • Applicable law permits the change.

Prices are displayed in the currency shown on the Site or during checkout. Depending on the destination and transaction, an order may be subject to:

  • Sales tax;

  • Goods and services tax;

  • Value-added tax;

  • Customs duties;

  • Import taxes;

  • Brokerage fees; or

  • Other government charges.

Unless expressly stated during checkout, international customs duties, import taxes, and similar destination charges are not included in the product price or shipping charge. Currency-conversion rates and foreign-transaction charges imposed by a bank, card issuer, or payment provider are outside our control.

7. ORDERS AND CONTRACT FORMATION

Submitting an order is an offer to purchase the selected products. An automated order-confirmation email confirms receipt of the order but does not necessarily constitute acceptance. We may review an order for:

  • Product availability;

  • Payment authorization;

  • Shipping eligibility;

  • Address accuracy;

  • Fraud prevention;

  • Sanctions compliance; and

  • Compliance with these Terms.

An order is accepted when we send confirmation that it has been processed or dispatched, unless applicable law provides otherwise. If we cannot accept an order, we will notify you and release the payment authorization or provide an applicable refund.

8. BILLING AND PAYMENT INFORMATION

You agree to provide accurate and complete billing, payment, shipping, and contact information. You represent that you are authorized to use the payment method submitted with the order. Payments may be processed by authorized third-party payment providers. We generally do not directly store complete payment-card numbers. We may contact you to verify billing, shipping, identity, or payment information. We will not request your complete payment-card number by email. If a transaction cannot be verified or authorized, we may place the order on hold or cancel it and provide an applicable refund.

9. SHIPPING AND DELIVERY

Order processing, shipping methods, estimated delivery times, tracking, customs, address changes, lost packages, and delivery issues are governed by our Shipping Policy. Shipping and delivery estimates are not guaranteed unless expressly identified as guaranteed. If we cannot ship an order within the time stated when the order was placed, we will provide any notice, delay option, cancellation right, or refund required by applicable law. Customers are responsible for providing complete and accurate delivery information. Nothing in this section limits rights available under the United States Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule or other applicable law.

10. RETURNS, EXCHANGES, AND REFUNDS

Returns, exchanges, refunds, return eligibility, applicable time limits, product-condition requirements, and return-shipping responsibilities are governed by our Return and Refund Policy. The Return and Refund Policy will be made reasonably available before purchase.

Unless otherwise clearly disclosed before purchase:

  • Customers will not be charged a restocking fee;

  • A customer will not be charged more than once for the same shipping service;

  • Refunds required because we cannot fulfill or timely ship an order will be returned to the original payment method; and

  • Store credit will not replace a monetary refund where applicable law requires a monetary refund.

Products that are defective, damaged on arrival, materially different from their description, or incorrectly fulfilled will be handled according to applicable law and our Return and Refund Policy. Nothing in these Terms limits any non-waivable refund, warranty, or consumer-protection right.

11. GARMENT CARE

Customers should review and follow all care labels and product-care instructions supplied with a garment. Care instructions may include:

  • Hand washing;

  • Machine washing at a specified temperature;

  • Dry cleaning;

  • Air drying;

  • Low-temperature ironing;

  • Avoiding bleach; or

  • Other fabric-specific requirements.

Damage resulting solely from misuse, ordinary wear, failure to follow clearly provided care instructions, or improper washing, drying, ironing, alteration, or storage may not qualify as a product defect. This provision does not apply where damage resulted from a manufacturing defect, inaccurate care instructions, an undisclosed product issue, or another matter for which liability cannot lawfully be excluded.

12. MATERIALS AND SKIN SENSITIVITIES

Product pages or garment labels may identify available material and fiber information. Customers with known allergies or sensitivities should review available product information before wearing a garment and contact us if additional information is reasonably required. If irritation occurs, discontinue use and seek appropriate medical advice when necessary.

Nothing in these Terms excludes or limits liability for:

  • A defective or unsafe product;

  • Inaccurate or legally required product information;

  • Personal injury caused by our negligence;

  • Fraudulent or misleading conduct; or

  • Any liability that cannot lawfully be excluded.

13. OPTIONAL THIRD-PARTY TOOLS

The Site may provide access to optional third-party services, such as:

  • Package-tracking portals;

  • Payment services;

  • Size tools;

  • Customer-service tools; or

  • External social or communication services.

Third-party services are governed by their own terms and privacy practices. We are not responsible for the independent operation of a third-party service, but this does not limit our responsibility for selecting and using service providers as required by applicable law. You should review the relevant third party’s terms and privacy policy before using its service.

14. THIRD-PARTY LINKS

The Site may contain links to websites or services operated by third parties. A link does not necessarily constitute our endorsement of the third party, its products, or its practices. We are not responsible for third-party content or activities outside our control. Your use of a third-party website is governed by that party’s terms and policies.

15. REVIEWS, COMMENTS, AND USER SUBMISSIONS

You may submit product reviews, photographs, feedback, suggestions, questions, or other content where the Site permits. You retain ownership of your original content. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, and use that content for operating, improving, and promoting our Services, subject to applicable privacy and consumer-protection laws. This license does not permit us to materially misrepresent your views or use your identity in a manner prohibited by law.

You represent that submitted content:

  • Is accurate to the best of your knowledge;

  • Does not infringe another person’s rights;

  • Does not contain unlawful, defamatory, threatening, obscene, or abusive material;

  • Does not contain malicious code;

  • Does not impersonate another person; and

  • Does not disclose another person’s private information without authorization.

We may moderate or remove content that violates these Terms, but we are not obligated to publish every submission. We will not suppress or remove a review merely because it expresses an honest negative opinion.

16. INTELLECTUAL PROPERTY

The Site and its content, including photographs, graphics, logos, page designs, text, product presentation, and software elements, may be protected by copyright, trademark, and other intellectual property laws.

Except as expressly permitted, you may not:

  • Reproduce or republish Site content;

  • Use product images for commercial purposes;

  • Remove copyright or trademark notices;

  • Create unauthorized derivative works;

  • Scrape or extract content for commercial use; or

  • Use our trademarks in a misleading manner.

You may download or print order records and policy pages for personal, noncommercial use. Any third-party trademarks displayed on the Site remain the property of their respective owners.

17. PERSONAL INFORMATION

Our collection, use, disclosure, retention, and protection of personal information are governed by our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

18. ERRORS, INACCURACIES, AND OMISSIONS

The Site may occasionally contain typographical, technical, pricing, inventory, product-description, shipping, promotional, or availability errors. We may correct an error and update Site information.

If an error affects an order that has already been submitted, we may:

  • Contact you for confirmation;

  • Offer the correct product or price;

  • Cancel the affected item; or

  • Cancel the order and provide an applicable refund.

We will not charge a higher price or substitute a materially different product without your agreement. Nothing in this section permits misleading pricing or advertising practices.

19. PROHIBITED USES

You may not use the Site or Services to:

  • Violate applicable law;

  • Commit or facilitate fraud;

  • Infringe intellectual property, privacy, publicity, or other legal rights;

  • Harass, threaten, abuse, or unlawfully discriminate against another person;

  • Submit false or misleading information;

  • Upload viruses, malicious code, or harmful content;

  • Collect another person’s personal information without authorization;

  • Send spam, phishing messages, or deceptive communications;

  • Circumvent access controls or security features;

  • Interfere with Site performance or availability;

  • Scrape or crawl the Site in violation of applicable law or our technical controls;

  • Use automated systems to place orders or abuse promotions;

  • Resell products where an order was expressly restricted to personal use; or

  • Engage in conduct that could harm customers, the Site, or our business.

We may suspend or terminate access for a material violation of this section.

20. SERVICE AVAILABILITY

We do not guarantee that the Site will always be uninterrupted, error-free, or available. We may temporarily suspend or limit the Site for:

  • Maintenance;

  • Security updates;

  • Technical problems;

  • Legal compliance;

  • Service-provider interruptions; or

  • Events outside our reasonable control.

We will use reasonable efforts to maintain the Site and restore affected services. Temporary website unavailability does not affect rights relating to an accepted order.

21. WARRANTIES AND CONSUMER RIGHTS

Products are supplied subject to any express warranties stated on the applicable product page and any implied warranties or consumer guarantees that apply by law. We do not exclude or disclaim implied warranties where doing so is prohibited.

To the maximum extent permitted by law, no additional warranty is created merely by:

  • General styling advice;

  • Editorial content;

  • Product inspiration;

  • Non-specific promotional language; or

  • A third party’s independent statement.

Nothing in these Terms excludes or limits rights relating to:

  • Merchantable quality;

  • Fitness for a disclosed purpose;

  • Conformity with an advertised description;

  • Defective or unsafe products;

  • Fraud or intentional misconduct; or

  • Other rights that cannot lawfully be excluded.

22. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, AICHA FOOD AU PTY LTD and its directors, officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, exemplary, or consequential damages arising solely from use of the Site or Services. Where liability may lawfully be limited, our total liability arising from a particular order will not exceed the amount paid for the product or service giving rise to the claim.

These limitations do not apply to:

  • Death or personal injury caused by negligence;

  • Fraud or fraudulent misrepresentation;

  • Willful or intentional misconduct;

  • Defective or unsafe products where liability cannot be excluded;

  • Violation of non-waivable consumer rights;

  • Breach of applicable data-protection obligations; or

  • Any other liability that cannot lawfully be excluded or limited.

Some U.S. states and other jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, the applicable limitation will operate only to the maximum extent permitted by law.

23. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify AICHA FOOD AU PTY LTD against third-party claims, losses, or reasonable costs arising directly from:

  • Your unlawful use of the Services;

  • Your material breach of these Terms;

  • Content you submit that infringes another person’s rights; or

  • Your intentional misuse of the Site.

This obligation does not apply to claims caused by our own negligence, unlawful conduct, defective products, or breach of these Terms. We will provide reasonable notice of an indemnified claim and will not agree to a settlement imposing non-monetary obligations on you without your consent.

24. SANCTIONS, EXPORT CONTROLS, AND TRADE COMPLIANCE

We comply with applicable economic sanctions, export controls, anti-money-laundering requirements, and trade restrictions, including those administered by relevant Australian, United States, United Kingdom, European Union, and other competent authorities where applicable.

Sanctions programs may apply to:

  • Particular countries or territories;

  • Government bodies;

  • Individuals;

  • Companies;

  • Organizations;

  • Vessels or other property; or

  • Specific categories of transactions.

Because these restrictions change, we do not maintain a fixed list of prohibited countries in these Terms. We may decline, hold, or cancel a transaction where reasonably necessary to comply with applicable law or a payment provider’s lawful compliance requirements.

You represent that:

  • You are not knowingly using the Services on behalf of a prohibited or sanctioned person;

  • You will not use the Services to evade applicable trade restrictions; and

  • Information you provide for compliance screening is accurate.

If an order must be canceled for compliance reasons, we will handle any refund, rejection, blocking, or reporting requirement according to applicable law and the instructions of authorized payment providers or government authorities. Nothing in these Terms requires us to complete a transaction that would violate applicable sanctions or trade-control law.

25. TERMINATION

These Terms remain effective while you use the Services. You may stop using the Services at any time.

We may suspend or terminate access if:

  • You materially violate these Terms;

  • Your activity presents a security or fraud risk;

  • Continued service would violate applicable law; or

  • The Site or relevant Service is discontinued.

Termination does not affect:

  • Rights and obligations arising before termination;

  • Accepted orders unless separately canceled;

  • Payment obligations already incurred;

  • Applicable return, refund, or warranty rights; or

  • Provisions that are intended to survive termination.

26. SEVERABILITY

If a provision of these Terms is held unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it enforceable. The remaining provisions will continue in effect.

27. WAIVER

Our failure to enforce a provision of these Terms on one occasion does not waive our right to enforce it later. A waiver is effective only if it is clearly stated in writing by an authorized representative.

28. ENTIRE AGREEMENT

These Terms and the policies incorporated by reference constitute the agreement between you and AICHA FOOD AU PTY LTD concerning use of the Services and purchases through the Site. They supersede prior communications concerning the same subject matter, except for:

  • An accepted order;

  • A written product warranty;

  • A written customer-service commitment; or

  • A right that cannot lawfully be excluded.

29. GOVERNING LAW AND DISPUTES

AICHA FOOD AU PTY LTD is established in Australia. Except where the mandatory law of a customer’s place of residence provides otherwise, these Terms are governed by the laws of Queensland, Australia, without regard to conflict-of-law principles. For customers in the United States, this governing-law provision does not deprive you of any mandatory protection available under applicable U.S. federal or state law. Before filing a formal claim, you and AICHA FOOD AU PTY LTD agree to make a reasonable, good-faith attempt to resolve the dispute by contacting the other party.

Nothing in these Terms:

  • Requires mandatory arbitration;

  • Prevents a consumer from contacting a government regulator;

  • Prevents an eligible claim from being filed in small-claims court; or

  • Restricts access to a court or remedy where that restriction would be unlawful.

30. CHANGES TO THESE TERMS

We may update these Terms to reflect changes to:

  • The Services;

  • Our business practices;

  • Technology;

  • Legal or regulatory requirements; or

  • Other operational matters.

The effective date at the top identifies the latest version. Changes apply prospectively from the updated effective date unless applicable law permits or requires otherwise. If a material change affects an existing account or accepted order, we will provide any notice or obtain any consent required by law. Continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.

31. SANCTIONS COMPLIANCE

You may not use the Services if you are located in, organized under the laws of, or ordinarily resident in any country or territory subject to sanctions or embargoes imposed by the United States or other applicable authorities. You represent and warrant that you are not identified on any applicable sanctions list, including those maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). We reserve the right to suspend or terminate access to the Services if we determine, in our sole discretion, that such access may violate applicable sanctions laws or regulations.

32. CONTACT INFORMATION

Questions about these Terms should be sent to:

AICHA FOOD AU PTY LTD