Terms and conditions

These terms

This site is operated by Fresh Sale (“we”, “us”). By browsing the site or placing an order you agree to these terms, together with our privacy policy, shipping policy and returns policy, which form part of this agreement.

You must be at least 18 years old, or have the permission of a parent or guardian, to place an order. We sell to customers in Australia and overseas, and we ship worldwide; the destinations we can deliver to are the ones listed at checkout. The site is written in English and prices are in USD.

Orders and acceptance

A listing on this site is an invitation to buy, not an offer. When you place an order you are making an offer to buy the items at the prices shown.

The confirmation email you receive acknowledges that we have your order; it is not acceptance of it. A contract is formed when we accept your order by dispatching the items, or by telling you in writing that we accept it.

We may decline an order, in whole or in part, where an item is no longer available, where there has been a pricing or description error, where we cannot deliver to the address given, where we reasonably suspect fraud or a breach of these terms, or where the quantity ordered suggests commercial resale. If we decline an order after you have paid, we refund that amount in full to your original payment method.

Pricing and taxes

All prices are shown in USD and include GST where it applies. GST applies to orders delivered within Australia; goods exported from Australia are GST-free. The price you see on a product page is the price charged for that item.

Delivery charges are additional and are shown in your cart and at checkout before payment. Prices can change at any time before you place an order; a change after your order has been accepted does not affect that order.

Prices and delivery charges do not include import duties, import taxes, or customs, brokerage or handling fees levied in a destination outside Australia. Those are payable by you — see international orders below.

Where a product shows a crossed-out comparison price, that is a price at which the item was genuinely offered on this site. We do not display invented recommended retail prices.

Availability and pricing errors

Stock is held in small quantities and can sell out between you adding an item to your cart and completing checkout. If an item you have paid for turns out to be unavailable, we will contact you, dispatch the rest of the order, and refund the unavailable item in full.

Despite our care, an item is occasionally listed at an obviously incorrect price. Where the error is manifest — a price no reasonable person would take as genuine — we are not obliged to supply at that price. We will contact you and either honour the order, offer it at the correct price for you to accept or decline, or cancel it and refund you in full.

Cancellation

You can cancel an order at no cost any time before it is dispatched: email support@freshsale.store with your order number and we will cancel and refund it in full if it has not yet gone.

After dispatch, cancellation is handled as a return under our returns policy, which gives you 14 days to ask us to take back anything unworn and tagged, subject to the conditions set out there. These rights are in addition to, and do not limit, your rights under the Australian Consumer Law.

Delivery and returns

Delivery times quoted anywhere on this site are estimates provided by our carriers, not guarantees, and time is not of the essence. Risk in the goods passes to you on delivery to the address you gave us, or to a safe place or collection point where you have authorised that. Title passes on delivery or on payment in full, whichever is later.

Full details are in the shipping policy and returns policy.

International orders

We ship worldwide from Australia. Where goods are delivered outside Australia you are the importer, and the following applies.

• Lawful import is your responsibility. You are responsible for ensuring that the goods you order may lawfully be imported into the destination country, and for any licence, permit or restriction that applies there. Countries differ on materials, animal products, brands and parallel imports, and we cannot check the rules of every destination on your behalf. If you are unsure, check before you order.
• Duties and taxes are yours. All import duties, import taxes, VAT or GST charged in the destination country, and any customs, brokerage or handling fee, are payable by you. They are not included in the price of the goods or in the delivery charge, we do not collect them, and we cannot tell you in advance what they will be.
• Customs declarations are accurate. We declare the contents and the full value of every order truthfully. We will not describe a sale as a gift or understate its value, and we cannot act on a request to do so.
• Refused or abandoned parcels. Where a parcel is refused, left uncollected, or returned because import charges were not paid or the goods could not lawfully be imported, we will refund the price of the goods less the original delivery charge and any cost we reasonably incur in recovering the parcel. Goods seized, forfeited or destroyed by a customs authority cannot be refunded.
• Delivery timing. International transit times are wider and less predictable than domestic ones, and time spent in customs clearance is outside our control and not counted against any estimate.

None of this limits your rights under the Australian Consumer Law, or any right you have under the consumer law of your own country that cannot lawfully be excluded.

Your account

You do not need an account to buy from us. If you create one, keep your password confidential and tell us promptly if you believe someone else has used it. You are responsible for activity under your account, except where that activity results from our failure.

We may suspend or close an account that is being used fraudulently, to abuse our staff, or in breach of these terms. You can ask us to close your account at any time.

Acceptable use

You agree not to:

• Use automated tools to scrape, copy or monitor the site, or to place orders at a volume or speed that a person could not.
• Interfere with the site’s operation or security, or attempt to access data you are not entitled to.
• Buy items for commercial resupply or resale without our written consent.
• Submit false information, use another person’s payment details, or misuse the contact form.

Product information

We describe and photograph every piece as accurately as we can. Measurements are approximate and taken flat; colour reproduction varies between screens; and natural fabrics vary slightly in weave, grain and shade between pieces. Those variations are characteristic of the goods rather than faults.

Where a product description contains a genuine error that affects your decision to buy, that is covered by the returns policy and by the Australian Consumer Law.

Intellectual property

The design of this site, its photography, written descriptions, the Fresh Sale name and its logo are owned by us or licensed to us. You may view and print pages for your own personal use. You may not copy, republish, or use them commercially — including for training a machine-learning model — without our written permission.

Brand names, trade marks and product imagery belonging to the makers of the goods we sell remain the property of their owners, and are used here only to identify and describe genuine products offered for sale.

Liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded.

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee — that is, where the goods are not of a kind ordinarily acquired for personal, domestic or household use — our liability is limited, at our option, to replacing the goods, supplying equivalent goods, or paying the cost of replacing them.

Otherwise, and to the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, or loss arising from circumstances beyond our reasonable control, including carrier delays, industrial action, extreme weather or failures of third-party payment or hosting services. Our total liability in connection with an order is limited to the amount you paid for that order.

We do not warrant that the site will be uninterrupted or error-free, though we will make reasonable efforts to keep it available.

Governing law

These terms are governed by the laws of Australia, and by the laws of the state or territory in which we carry on business. You and we submit to the non-exclusive jurisdiction of the courts of that state or territory and of the Commonwealth of Australia. That applies wherever you are buying from.

Where you buy as a consumer resident outside Australia, this choice of law does not deprive you of the protection of any provision of your own country’s consumer law that cannot be excluded by agreement.

If any provision of these terms is found to be unenforceable, the rest continues to apply.

Changes to these terms

We may update these terms, and the “last updated” date at the top of this page will change when we do. The version published at the time you place an order is the version that governs that order, so a later change cannot be applied retrospectively to a purchase you have already made.