Terms of service

Terms of Service

Last updated: 28 August 2026

These Terms of Service (“Terms”) govern your access to and use of nefariousclothing.com.au (the “Site”) and purchases made from Nefarious Clothing (“Nefarious Clothing”, “we”, “us” or “our”).

By accessing the Site, creating an account or placing an order, you agree to these Terms and the policies referenced within them.

If you do not agree, do not use the Site.

1. Eligibility

You must have the legal capacity to enter into a binding agreement to place an order.

If you are under 18, you must use the Site and make purchases with the involvement and permission of a parent or legal guardian.

You must not use the Site or our products for an illegal, fraudulent or unauthorised purpose.

2. Shopify

Our store is hosted by Shopify, which provides the ecommerce platform used to operate the Site, customer accounts and checkout.

Purchases made through the Site are made directly between you and Nefarious Clothing. Shopify is our technology provider and is not the seller of our products.

Your use of certain Shopify services, including Shop Pay or Shop customer accounts, may also be governed by Shopify’s terms and privacy policy.

3. Products and limited releases

Nefarious Clothing releases products in limited quantities. Products described as limited-release or “no restock” products may not become available again after selling out.

We do not guarantee availability until your order has been accepted.

We make reasonable efforts to ensure product descriptions, images, colours, sizing information and prices are accurate. However:

  • Colours may vary slightly between screens and physical products;

  • Garment measurements may have reasonable manufacturing tolerances;

  • Product packaging may change;

  • Minor differences that do not affect the product’s essential characteristics may occur.

Nothing in this section limits a consumer guarantee or your rights where a product is materially different from its description or sample.

4. Prices, GST and charges

Unless otherwise stated:

  • Prices are displayed in Australian dollars;

  • Prices include GST where GST is applicable;

  • Delivery charges are calculated separately and displayed before checkout;

  • International customers may be responsible for import duties, taxes or customs charges.

We may change product prices at any time before an order is placed.

If an obvious pricing, product or inventory error affects your order, we will contact you. You may choose to proceed at the correct price or cancel the affected item for a full refund.

5. Placing and accepting orders

Submitting an order is an offer to purchase the selected products.

An automated order-confirmation email acknowledges that we received your order. It does not necessarily mean that the order has been accepted.

We may reject or cancel an order before dispatch where reasonably necessary, including because:

  • A product is unavailable;

  • Payment cannot be authorised;

  • Order information appears incorrect;

  • We reasonably suspect fraud or unauthorised activity;

  • A pricing or inventory error has occurred;

  • The order appears intended for unauthorised commercial resale;

  • Shipping to the supplied address is unavailable;

  • Fulfilling the order would breach a law.

If we cancel a paid order, we will refund the cancelled amount to the original payment method.

A sales contract is formed when we confirm acceptance or dispatch the order.

6. Purchase limits and resale

We may apply reasonable quantity limits to limited-release products.

We may cancel or reduce orders that appear to circumvent purchase limits, including multiple orders using related names, accounts, payment methods, email addresses or delivery addresses.

Unless we agree in writing, products are sold for personal use and not for commercial resale.

7. Payment

You must provide complete and accurate billing and payment information.

Payments are processed through Shopify and the payment provider selected during checkout. Available methods may include Shopify Payments, Shop Pay, PayPal, Apple Pay, Google Pay and supported card networks.

Your payment provider may apply additional terms, security checks or processing times.

You authorise the applicable payment provider to charge the total displayed at checkout.

8. Delivery

Delivery options, charges and estimates are governed by our Shipping Policy.

You are responsible for providing an accurate and complete delivery address. Contact us immediately if an address needs to be corrected.

Risk in the products generally passes to you when they are delivered to the nominated address or collected in accordance with your delivery instructions. Title passes after full payment has been received.

Nothing in this section limits our responsibilities for products lost or damaged before delivery.

9. Returns, exchanges and refunds

Returns, exchanges, cancellations and refunds are governed by our Return and Refund Policy.

Change-of-mind returns are subject to the conditions in that Policy. Those conditions do not limit any mandatory right relating to faulty, damaged, unsafe or incorrectly described products.

10. Australian Consumer Law

Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies:

  • A consumer guarantee;

  • A right or remedy under the Australian Consumer Law;

  • Any other right that cannot legally be excluded.

Where legally permitted, our liability will be limited only to the extent that the limitation is fair, reasonable and lawful.

11. Promotions and discount codes

Promotional offers and discount codes:

  • Must be used according to their stated conditions;

  • Must be used before their expiry;

  • Cannot be redeemed for cash;

  • Cannot be combined unless expressly permitted;

  • May be limited to particular products, customers or order quantities.

We may cancel a promotion or reject misuse of a discount code where reasonably necessary, but this will not affect an order already accepted unless fraud or an obvious error is involved.

12. Customer accounts

You are responsible for:

  • Providing accurate account information;

  • Keeping account access details secure;

  • Activities carried out through your account;

  • Notifying us promptly of suspected unauthorised access.

We may suspend or close an account where we reasonably believe it is being used fraudulently, unlawfully or in breach of these Terms.

13. Intellectual property

The Site and its contents—including branding, trade marks, logos, product designs, photographs, graphics, videos, text and website layout—are owned by or licensed to Nefarious Clothing and are protected by intellectual-property laws.

You may view and use the Site for personal, non-commercial shopping purposes.

Without prior written permission, you must not:

  • Copy or reproduce Site content;

  • Use our branding or product images commercially;

  • Modify, publish, distribute or sell Site content;

  • Create derivative products or designs;

  • Scrape or systematically extract Site data;

  • Suggest an affiliation or endorsement that does not exist.

14. Reviews and submitted content

If you submit a product review, photograph, comment or other content, you confirm that:

  • You created it or have permission to provide it;

  • It is accurate and not misleading;

  • It does not infringe another person’s rights;

  • It is not unlawful, defamatory, abusive, discriminatory or malicious;

  • It does not contain malware or unauthorised advertising.

You grant us a non-exclusive, worldwide, royalty-free licence to display, reproduce and adapt that content for operating and promoting Nefarious Clothing, subject to our Privacy Policy and applicable law.

We may remove submitted content that breaches these Terms.

15. Prohibited conduct

You must not:

  • Use the Site unlawfully or fraudulently;

  • Attempt unauthorised access to an account or system;

  • Introduce malware or malicious code;

  • Interfere with the Site’s operation or security;

  • Scrape, crawl or extract Site content without permission;

  • Collect another person’s personal information;

  • Impersonate another person;

  • Submit false or misleading information;

  • Infringe intellectual-property or privacy rights;

  • Use automated methods to circumvent product limits;

  • Use the Site to distribute spam or harmful material.

16. Third-party services and links

The Site may contain links to or functions supplied by Shopify, Instagram, payment providers and other third parties.

Third-party services operate under their own terms and privacy policies. We are not responsible for an unrelated third party’s website, content or conduct.

This does not exclude any responsibility we have for service providers acting on our behalf or any liability that cannot legally be excluded.

17. Privacy

Personal information submitted through the Site is handled according to our Privacy Policy.

Certain information will also be processed by Shopify, payment providers and delivery providers as necessary to operate the Site and fulfil orders.

18. Site availability

We may update, suspend or discontinue Site features to perform maintenance, improve security or change our services.

We do not guarantee that the Site will always be uninterrupted or error-free. However, this does not affect accepted orders or rights that cannot legally be excluded.

19. Events outside reasonable control

We are not responsible for delay caused by events genuinely outside our reasonable control, including natural disasters, carrier interruptions, industrial action, government restrictions, severe weather or widespread technology failures.

We will take reasonable steps to minimise the impact and communicate material delays.

If we cannot fulfil an accepted order within a reasonable time, you may be entitled to cancel the unfulfilled portion and receive a refund.

20. Suspension and termination

We may suspend or terminate access to the Site where we reasonably believe you have materially breached these Terms, acted unlawfully or created a security risk.

Terms that are intended to continue after termination—including intellectual-property, liability and governing-law provisions—will continue to apply.

21. Changes to these Terms

We may update these Terms to reflect changes to our business, Site or legal obligations.

Changes apply from the date the revised Terms are published. Changes will not retrospectively alter an order already accepted unless required by law or agreed with you.

22. Severability and waiver

If part of these Terms is found invalid or unenforceable, the remaining provisions will continue to apply.

A delay in enforcing a right does not waive that right.

23. Governing law

These Terms are governed by the laws of Australia and the Australian State or Territory in which Nefarious Clothing has its principal place of business.

You and Nefarious Clothing submit to the courts with jurisdiction under those laws. If you are a consumer, nothing in this section removes any mandatory rights available where you live.

24. Contact us

Questions about these Terms can be sent to:

Nefarious Clothing
Email: info@nefariousclothing.com.au
Website: nefariousclothing.com.au