Terms of service

1. Overview

These Terms of Service (“Terms”) govern your access to and use of the Biasi & Lane website, online store and related services (together, the “Services”). In these Terms, “Biasi & Lane”, “we”, “us” and “our” refer to the business operating the Biasi & Lane store. “You” and “your” refer to the person accessing the Services or placing an order.

Our store is hosted on Shopify, which provides the ecommerce platform that enables us to offer the Services.

By using the Services or placing an order, you agree to these Terms and the policies incorporated by reference, including our Returns & Refunds Policy, Shipping & Delivery Policy and Privacy Policy. If you do not agree, please do not use the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law or, for New Zealand customers, the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

2. Eligibility and permitted use

You must be at least 18 years old, or have the consent and supervision of a parent or legal guardian, to place an order. You must use the Services lawfully and provide accurate, current and complete information.

You must not use the Services to:

  • violate any applicable law or regulation;

  • infringe intellectual property, privacy or other rights;

  • submit false, misleading, fraudulent, abusive or unlawful material;

  • transmit malicious code or interfere with the security or operation of the Services;

  • scrape, harvest or collect information through unauthorised automated means;

  • impersonate another person or misrepresent your identity; or

  • resell or commercially exploit any part of the Services without our written permission.

We may restrict access where reasonably necessary to protect customers, prevent fraud, comply with law or respond to a material breach of these Terms.

3. Accounts

If you create an account, you are responsible for keeping your login credentials secure and for activity conducted through your account. Notify us promptly if you suspect unauthorised access. We may ask you to verify your identity before changing account or order information.

4. Product information

We take reasonable care to present product descriptions, measurements, materials, colours and images accurately. Colours and proportions may appear differently depending on lighting, photography and device settings. Because garments can be produced in batches and measurements are taken manually, minor variations may occur where they do not make the item materially different from its description.

Please review the product description and size guide before ordering. Images may include styling items that are not included unless expressly stated.

If a product is materially different from its description, your rights under applicable consumer law and our Returns & Refunds Policy apply.

5. Prices and currency

Prices may be displayed in Australian dollars (AUD), New Zealand dollars (NZD) or another currency selected through the store’s market settings. The currency and final payable amount are shown at checkout.

We may change prices prospectively at any time. A price change does not affect an order already accepted, except where a genuine and obvious error occurred and the law permits correction. Applicable taxes and mandatory charges collected by us will be included in the displayed price or clearly shown before payment.

6. Orders and acceptance

Submitting an order is an offer to purchase the selected products under these Terms. An automated order-confirmation email acknowledges receipt but does not necessarily mean the order has been accepted. We accept an order when we confirm dispatch or otherwise expressly confirm acceptance.

We may decline or cancel an order on reasonable grounds, including:

  • unavailability of stock;

  • an obvious pricing or product-information error;

  • inability to verify payment or delivery information;

  • suspected fraud, unauthorised resale or unlawful activity;

  • delivery restrictions; or

  • a legal or regulatory requirement.

If we cancel an order after payment, we will refund the amount paid for the cancelled portion to the original payment method. We will not cancel an accepted order merely because we later decide the price was commercially disadvantageous.

7. Payment

You authorise us and our payment providers to charge the payment method selected at checkout for the total shown. Payment services are provided by third parties and may be subject to their terms and privacy policies. We do not ordinarily receive or store complete payment-card numbers.

You must have authority to use the selected payment method. We may perform reasonable fraud-prevention or identity checks before accepting or dispatching an order.

8. Promotions, discount codes and gift cards

Promotions are subject to the conditions displayed with the offer. Unless stated otherwise, discount codes:

  • cannot be combined;

  • have no cash value;

  • apply only during the advertised period; and

  • may exclude selected products, shipping or gift cards.

We may correct a promotion affected by a genuine technical or publishing error, but will not apply changes retroactively where doing so would be unlawful or unfair. Gift cards are governed by any additional conditions disclosed at purchase and applicable law.

9. Shipping, delivery and risk

Delivery options, estimates and responsibilities are set out in our Shipping & Delivery Policy. Estimated delivery dates are not guarantees, but we will perform our obligations within a reasonable time and provide remedies where required by law.

Risk in physical goods passes to you when the goods are delivered to you or a person authorised by you, except to the extent applicable law provides otherwise.

10. Returns, refunds and consumer guarantees

Our voluntary change-of-mind return terms and the process for faulty, damaged, incorrect or misdescribed goods are set out in our Returns & Refunds Policy.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Australian customers may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. New Zealand customers have corresponding mandatory rights and remedies under New Zealand consumer law.

11. Reviews, feedback and user content

If you submit a review, photograph, comment or other content (“User Content”), you confirm that:

  • it reflects your honest experience or opinion;

  • it is accurate to the best of your knowledge;

  • you own it or have permission to submit it; and

  • it does not violate law or another person’s rights.

You grant Biasi & Lane a non-exclusive, worldwide, royalty-free licence to host, reproduce, format and display User Content for operating and promoting the Services, subject to applicable privacy law. We may moderate or remove User Content that is unlawful, fraudulent, irrelevant, abusive or violates these Terms, but we will not suppress a genuine negative review merely because it is unfavourable.

12. Intellectual property

The Services and their original content—including the Biasi & Lane name, branding, website text, graphics, layout and media created for us—are owned by or licensed to Biasi & Lane and are protected by applicable intellectual-property laws.

You may view and use the Services for personal, non-commercial shopping purposes. You may not reproduce, distribute, modify, publish, sell or commercially exploit protected content without prior written permission, except as permitted by law.

Third-party names and marks remain the property of their respective owners.

13. Third-party services and links

The Services may use or link to third-party platforms, payment providers, analytics services, social networks and delivery providers. We are not responsible for third-party websites or services outside our control. Review their terms and privacy practices before using them.

Nothing in this section removes responsibility that the law places on Biasi & Lane for products sold by us or for service providers acting on our behalf.

14. Privacy

Our collection, use, disclosure and protection of personal information is described in our Privacy Policy. By using the Services, you acknowledge that information may be processed by Shopify and other providers needed to operate the store, process payment, fulfil orders, provide support and measure advertising.

15. Service availability and errors

We aim to keep the Services accurate and available, but temporary interruptions, maintenance or technical errors may occur. We may correct genuine typographical, pricing, inventory or product-information errors and update the Services when reasonably necessary.

Where an error affects an order, we will notify you and provide a lawful and fair solution. We do not exclude liability for an error where exclusion would violate applicable law.

16. Limitation of liability

To the maximum extent permitted by law, Biasi & Lane is not liable for indirect or consequential loss that was not reasonably foreseeable and was not caused by our breach, negligence or unlawful conduct.

Where liability may lawfully be limited, our liability will be limited to an appropriate remedy permitted by law. Nothing in these Terms limits liability for fraud, wilful misconduct, personal injury caused by negligence, or any consumer guarantee, right or remedy that cannot lawfully be limited.

17. Your responsibility for breach

You are responsible for reasonably foreseeable loss suffered by Biasi & Lane as a direct result of your fraud, unlawful conduct or material breach of these Terms. This section does not require you to compensate us for loss caused by our own acts or omissions and does not limit rights available to consumers.

18. Events outside reasonable control

Neither party will be liable for delay caused by an event outside its reasonable control, provided the affected party takes reasonable steps to minimise the impact and resumes performance when reasonably possible. This section does not remove any right to a refund, cancellation or other remedy that applies under consumer law when goods are not supplied within a reasonable time.

19. Changes to these Terms

We may update these Terms to reflect changes in law, technology or our Services. The current version and effective date will be posted on this page. Material changes will apply prospectively unless law requires otherwise. Terms applying to an order are generally those in effect when the order was placed.

20. General provisions

If a provision is held unlawful or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions will continue. A delay in enforcing a right is not a waiver. These Terms and the policies incorporated by reference form the agreement between you and Biasi & Lane concerning the Services.

You may not assign rights or obligations under these Terms without our consent, which will not be unreasonably withheld. We may transfer our rights and obligations as part of a genuine business reorganisation or sale, provided this does not materially reduce your rights.

21. Governing law

These Terms are governed by the laws of New South Wales, Australia. The courts and tribunals with lawful jurisdiction may hear disputes. This choice of law does not exclude mandatory rights or remedies available to you under the laws of Australia, New Zealand or another jurisdiction that cannot lawfully be excluded.

22. Contact

Questions about these Terms may be sent to support@biasiandlane.com.au.

Our current customer-service details are listed on our Contact Information page.