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Legal

Terms of sale.

Plain English. If something here is unclear, email us and we will explain it.

Last updated: [DATE]

Placeholders in square brackets must be filled before this page goes live.

1. Who you are buying from

Sunday Best is a brand of Ian Hammond as trustee for the Hammajack Trust, ABN [ABN], of [TRADING ADDRESS], Victoria, Australia.

In these terms, "we", "us" and "our" mean that trustee. "You" means the person placing the order.

You can reach us at [SUPPORT EMAIL] and [PHONE]. We aim to reply within [X] business days.

2. These terms

These terms apply to every order placed through [WEBSITE URL]. Read them before you order. When you place an order you agree to them.

We may change these terms. The version that applies to your order is the version on the site when you place it. We keep dated copies and will send you the version that applied to your order if you ask.

3. This is a pre-order

We are making a first production run of 50 pairs. You pay in full when you order. The socks ship after the run is finished and delivered to us.

Clause 7 sets out what we tell you and when, and what happens if the run is late.

4. When the contract is made

Your order is an offer to buy. The contract is made when we send you an order confirmation email. Stripe's payment receipt is not our acceptance.

If we cannot accept your order we will tell you and refund you in full. We may decline an order if the run is already fully allocated, if we cannot deliver to your address, or if we think the order is fraudulent.

5. Price and GST

Prices are in Australian dollars. A single pair is A$42. A two-pack, one of each colourway, is A$78.

These prices include GST. There is nothing to add.

Delivery within Australia is free. There are no other fees. The price you see is the price you pay.

6. Payment

You pay through Stripe. When you click to buy, you leave our site and pay on a page hosted by Stripe.

We never see or store your card details. Stripe handles the card data.

Stripe collects your name, email and delivery address and passes them to us so we can fill the order. Our privacy policy explains what we do with that information.

Your order is not placed until Stripe confirms your payment to us.

7. Delivery, and what happens if the run is late

We deliver within Australia. We expect to ship to the United States shortly. If you are ordering from outside Australia, check the shop page for the countries we are shipping to at the time you order.

We expect to ship your order [between DATE and DATE]. That is an estimate based on our manufacturer's current schedule. It is not a guarantee.

We will email you an update on the run at least every [30] days until your order ships, whether or not there is news.

If we learn the run will ship later than the end of the estimated window, we will email you within [7] days of learning it. That email will give you a new estimate and will offer you a full refund. You can take the refund or wait. If you take the refund we will process it within [5] business days.

If we have not shipped your order by [LONG-STOP DATE], you can cancel and get a full refund by emailing us, whether or not we have given you a new estimate.

We deliver by [CARRIER]. We will send you tracking when your order ships.

8. If we cancel the run

We may cancel the production run. If we do, we will email you and refund you in full within [5] business days. We do not charge you anything and you owe us nothing.

This clause does not limit your rights under the Australian Consumer Law, including any right to compensation for reasonably foreseeable loss.

9. Changing your size before we ship

Email us at [SUPPORT EMAIL] any time before your order ships and we will change your size if that size is still available in the run. We cannot change sizes once your order has shipped.

10. Cancelling

Once we accept your order the sale is final. We do not cancel orders because you have changed your mind.

If we cancel the production run, or if we cannot ship within a reasonable time, you get a full refund. Clauses 7 and 8 explain when that happens and how quickly we pay it.

Nothing in this clause affects your rights under the Australian Consumer Law. Clause 12 explains those rights.

11. Returns after delivery

We do not accept change-of-mind returns once your order has been delivered, and we do not offer size exchanges. Socks are worn next to the skin and we cannot resell a returned pair.

This does not affect your rights under the Australian Consumer Law. Clause 12 explains those rights. If the socks are faulty, not what we described, or not of acceptable quality, you have rights that this clause does not touch.

12. Your rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts or modifies those guarantees.

If there is a major failure, you choose between a refund and a replacement. We do not make that choice for you.

13. Faulty socks

If your socks are faulty, email [SUPPORT EMAIL] with your order number and a photo.

We will replace them at our cost. We pay the postage both ways. You do not pay anything to make a claim.

If the fault is a major failure, you can ask for a refund instead of a replacement and we will give you one.

This promise is in addition to your rights under the Australian Consumer Law, not instead of them. To claim under it, contact us at [SUPPORT EMAIL], [PHONE], [TRADING ADDRESS].

14. Title and risk

The socks stay ours until we have been paid in full. Risk passes to you when the socks are delivered to the address you gave us.

If the socks are lost or damaged before they reach you, that is our problem, not yours. Tell us and we will replace them or refund you.

15. Gift orders

You can have your order posted to someone else with a handwritten card.

The contract is with you, not with the person who receives the socks. You pay us. You cancel. Refunds go back to your card.

The person who receives the socks as a gift may also have rights under the Australian Consumer Law if the socks are faulty. If they contact us about a fault we will deal with them directly.

Give us the correct delivery address. We cannot recover an order sent to a wrong address you gave us.

16. Card messages

You write the card message at the Stripe checkout. We copy it onto a card by hand. Keep it short enough to fit a card.

We will not write a message that is unlawful, threatening, hateful or obscene. If we will not write your message we will email you and offer you a full refund or a blank card.

We read your message in order to write it. We do not keep it after your order ships.

17. What we are responsible for

We are responsible for loss you suffer that is a foreseeable result of us breaking these terms or failing to use reasonable care.

We are not responsible for loss that was not foreseeable, for business losses, or for loss caused by something outside our reasonable control.

Except for our obligations under the Australian Consumer Law, our total liability for any order is limited to the amount you paid for that order.

Nothing in this clause limits our liability under the consumer guarantees, for death or personal injury caused by our negligence, or for fraud.

18. Things outside our control

If something outside our reasonable control stops us performing, we will tell you and the time for performance extends by the length of the delay.

If the delay runs past the long-stop date in clause 7, you can cancel and get a full refund.

19. Privacy

We handle your personal information in the way our privacy policy describes.

20. If part of these terms does not work

If a court finds any part of these terms unenforceable, the rest keeps working.

21. Governing law

These terms are governed by the law of Victoria, Australia.

You can bring a claim in the courts of Victoria. Nothing here stops you using Consumer Affairs Victoria, the ACCC, or the tribunal or court in your own state where the law gives you that right.