Terms and Conditions — Henders Label

1. Introduction

1.1 These terms and conditions apply to the use of our website or the purchase of products offered through our website. 1.2 The defined terms and interpretations of these terms and conditions are set out in paragraph 26.

2. Acceptance

2.1 You represent and warrant that: (a) you are a natural person and are at least 18 years old; (b) you have the power to enter into a legally binding contract with us; and (c) you are not prevented by any applicable law or treaty from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your authority to accept these Terms.

2.3 You represent and warrant that you: (a) have not been convicted of any computer or internet related offence; and (b) have not in the past been refused products or access to the Site.

2.4 We reserve the right to refuse you access to our Site if we consider such refusal necessary or appropriate.

2.5 Placing an order means: (a) your assurance and guarantee that you have read these Terms and Conditions carefully and in full; (b) your offer to purchase the Order only in accordance with these Terms and Conditions; (c) your agreement that any Order Confirmation will be based solely on these Terms and Conditions; and (d) your undertaking to us to comply with these Terms and Conditions.

2.6 If you do not agree to these Terms and Conditions, you must not use the Site or purchase any Products.

2.7 You must expressly agree to these Terms and Conditions to: (a) submit information to or through our website; or (b) purchase a Product.

2.8 By visiting our website, purchasing Products or agreeing to these Terms and Conditions: (a) you also agree to our Privacy Policy; and (b) you accept and agree to comply with our Acceptable Use Policy (see paragraph 12 below for further details).

2.9 We recommend that you print or save a copy of these terms and conditions for future reference.

2.10 If you do not agree to these terms and conditions, you may not place an order or communicate with us.

3. Personal Use

You confirm that you will use the Website to purchase Products solely for your own personal, non-commercial use as a principal and not as a representative or on behalf of any other person.

4. Prices

4.1 The prices of the Products shown on our website are shown in Australian Dollars (AUD) and are inclusive of GST where applicable.

4.2 Because we work with a combination of local and international fulfillment partners, Henders Label covers all applicable customs duties, GST on importation, and clearance fees relating to your order. You will never be asked to pay additional charges upon delivery. Please refer to our Shipping Policy for further detail.

4.3 We will do our best to ensure that all details, descriptions and prices of the products that appear on our site are correct. However, there may be instances where errors occur. If we find that a pricing error has occurred, we will notify you as soon as possible and give you the opportunity to reconfirm your order at the correct price or cancel your order. If we are unable to contact you or do not receive a response from you, the order will be treated as cancelled and you will receive a full refund. If you choose to reconfirm your order, we will arrange delivery of your order and charge or refund the difference using the same payment method you used to place your order.

4.4 We are not obliged to fulfil an Order if the price quoted on the Website is incorrect (even after you have received an Order Confirmation), except where required by law.

4.5 Prices may be changed from time to time. However, such changes will not affect an order for which an Order Confirmation has already been sent.

5. Placing an Order

5.1 Once you have placed an order, all orders are subject to stock availability. If we have sufficient stock to fulfil your order, you will receive an order confirmation which will be deemed to be our confirmation of receipt of your order. In the event of delivery difficulties or unavailability of stock, we will inform you by email and refund any payments made for the order.

5.2 A contract is only concluded once we have issued you with an Order Confirmation, and only in respect of the Product(s) listed in that Order Confirmation. These Terms and Conditions form an integral part of the contract and are incorporated to the exclusion of all other terms and conditions.

5.3 If your order consists of more than one Product, the Products may be delivered to you in separate deliveries at separate times.

5.4 We reserve the right to remove Products from the Site at any time, and to edit or remove any material or content from the Site.

5.5 We reserve the right to refuse or reject any order placed by you at any time (even after sending an Order Confirmation), acting reasonably and in accordance with applicable law.

5.6 If we cancel your order after we have received payment (even after we have sent an Order Confirmation), the payment for the order will be refunded to you in full.

6. Payment

6.1 You can pay for the Products using any of the payment methods listed on our website.

6.2 You may also pay for all or part of your order using a promotional voucher that we make available to you. Promotional vouchers can only be redeemed online at checkout.

6.3 We may use payment intermediaries to process payments between you and us. You agree that we may pass documents and information about you to these payment intermediaries, including personal information, in accordance with our Privacy Policy.

6.4 We are not a regulated payment processor or money service provider, and are not responsible for payment failures or problems caused by third-party payment intermediaries.

6.5 You are responsible for providing complete and accurate information during the payment process. By placing an order, you confirm that: (a) the method of payment used is yours; (b) where applicable, you are the rightful holder of the promotional voucher; and (c) you have sufficient funds or credit capacity to pay for the relevant order.

6.6 We are not responsible for the unauthorised use of your credit, debit or prepaid cards by third parties. We are entitled to inform relevant authorities of any suspected fraudulent payments or other illegal activity.

6.7 You must not attempt to make unjustified chargebacks or reverse payments made for genuine, correctly supplied orders.

6.8 You agree to reimburse us for any loss, cost, liability or expense we reasonably incur as a result of an unjustified chargeback or payment reversal made by you. This clause does not limit your right to a chargeback where the order was faulty, undelivered, or not as described.

7. Delivery

7.1 We will endeavour to deliver your order to the delivery address given at the time of ordering.

7.2 We will indicate an estimated delivery timeframe at checkout.

7.3 We may notify you if we are unable to meet the estimated delivery date. To the extent permitted by law, we will not be liable for reasonable delays outside our control, though this does not affect your rights under the Australian Consumer Law.

7.4 If we are unable to deliver Products to certain locations, we will inform you and arrange to cancel and refund the order, or deliver to an alternative address confirmed by you.

7.5 Risk in the Products passes to you on delivery to the delivery address, unless delivery is delayed due to your own error (e.g. an incorrect address provided at checkout).

7.6 If you are unable to accept delivery, the carrier may leave a card with instructions for redelivery or collection.

7.7 If delivery is repeatedly unsuccessful due to an incorrect address or unreasonable refusal to accept delivery on your part, we may charge you for reasonable costs incurred in returning the order to us.

7.8 Orders are dispatched within 1–3 business days of confirmed payment. Estimated delivery timeframes are set out in our Shipping Policy. As some products are fulfilled via international and local partners, delivery times may vary depending on stock location, and orders may be shipped in separate parcels.

8. Cancellation or Modification of Orders

8.1 Once an order has been placed, you can request to cancel or amend it by emailing us at service@henderslabel.com within 24 hours of placing the order.

8.2 Once an order has been packed or dispatched, it can no longer be cancelled or changed instead, please refer to our Returns Policy (paragraph 10 below) once you receive it.

8.3 As our fulfillment process is automated, we are generally unable to intercept an order once it has been dispatched.

9. Defective Products

9.1 You acknowledge that the Products are standard products and are not custom-made to your particular requirements, except where explicitly stated.

9.2 Product descriptions and materials on the Website are provided in good faith and, together with your rights below, are not intended to exclude any guarantee that cannot lawfully be excluded under the Australian Consumer Law.

9.3 Product images are provided as a guide; actual colours and details may vary slightly due to screen settings and manufacturing variation.

9.4 If the product you receive is faulty, please email us with a description of the issue and a photograph of the faulty product.

9.5 You may be asked to return the product to us in accordance with paragraph 10.

9.6 We will examine the product as soon as we receive it (or the photographic evidence provided, where a physical return is not required).

9.7 We will inform you by email once we have assessed whether the Product is defective.

9.8 Where a Product is confirmed defective, and in line with your rights under the Australian Consumer Law, we will at your choice, subject to the nature of the fault — either: (a) replace the Product and cover the cost of delivering the replacement to you; or (b) provide a full refund of the price paid, including the cost of returning the defective Product to us.

9.9 If we determine, acting reasonably, that the Product is not defective, we may decline to refund the purchase price. This paragraph does not limit or exclude any right or remedy you have under the Australian Consumer Law.

10. Returns and Refunds

10.1 Our Return & Refund Policy forms part of these Terms and Conditions.

10.2 If you are not completely satisfied with your order, you may request a change-of-mind return within 30 days of the date you (or someone nominated by you) received the Product.

10.3 For change-of-mind returns, return shipping costs are the customer's responsibility. For defective, damaged, or incorrectly supplied items, Henders Label covers the cost of return shipping see our Return & Refund Policy for full details.

10.4 We must receive and verify the returned product before a refund can be issued. We will check the condition of the returned product on arrival.

10.5 The product must be returned unused, unwashed, with original tags attached, and in its original packaging. If a product is returned in an unsuitable condition, we reserve the right to decline the return, other than where the product was faulty, damaged, or incorrectly supplied.

10.6 Once we receive your return, we aim to process it within 3 business days.

10.7 If we approve your return, we will notify you by email, and issue your refund to the original payment method within 7 business days of approval.

10.8 A return is considered complete once we have received and verified the physical goods.

10.9 If your order is still in transit to you, please wait until you receive it before initiating a return. We are unable to intercept parcels already dispatched. You are welcome to notify us of your intention to return in advance.

11. Vouchers

11.1 You can use our promotional vouchers or discount codes when paying for products on the website.

11.2 To use a voucher or discount, the code must be entered on the checkout page.

11.3 Once applied, the voucher or discount will be reflected in your order total at checkout.

11.4 You may only redeem one promotional voucher or discount code per order, unless otherwise stated in a specific promotion.

11.5 Credit from a promotional voucher does not bear interest and has no cash value.

11.6 If the credit on a promotional voucher is insufficient to cover your order, you may pay the difference using another available payment method.

11.7 If you return an order for which a promotional voucher was used, the value of the voucher itself will not be separately refunded; however, any amount paid via a separate payment method remains refundable in accordance with our Return & Refund Policy.

12. Permitted Use

12.1 You may not ("Prohibited Actions"): (a) use our website in any way that causes or may cause damage to the website or impair its performance, availability or accessibility; (b) use our website in an illegal, unlawful, fraudulent or harmful manner; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material consisting of spyware, viruses, Trojan horses, worms, keyloggers, rootkits or other malicious software; (d) conduct any systematic or automated data collection activities (scraping, data mining, data harvesting) on our website without our express written consent; (e) access or interact with our website using any robot, spider or other automated means, except as permitted by our robots.txt file; (f) use data collected from our website for any direct marketing activities not consented to; (g) use data collected from our website to contact individuals, companies or other entities for unrelated purposes; (h) interfere with or attempt to gain unauthorised access to devices or systems connected to the Site; (i) attempt to hack, overload, or send malicious or bandwidth-intensive network traffic to the Site or its infrastructure; (j) copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Site; (k) use or access the Site to create a competing product or service, or to conduct comparative product studies for commercial purposes; (l) sell, assign, sub-license, transfer, distribute or lease your access to the Website; (m) make the Website available to third parties through a private network; (n) edit or modify any content copied from our Website; (o) use the Site in any manner prohibited by applicable law; or (p) place speculative, false or fraudulent orders.

12.2 You agree that you will be liable to us for any loss we reasonably suffer as a direct result of a Prohibited Action committed by you.

12.3 You agree to notify us as soon as possible if you become aware of anyone engaging in a Prohibited Action, and to provide reasonable assistance with any related investigation.

12.4 You must ensure that any information you provide to us through our Site: (a) is true, accurate, current and complete, and not misleading; (b) complies with all applicable laws and regulations; (c) does not infringe the privacy, data protection, confidentiality or intellectual property rights of any person; and (d) is not offensive, abusive, defamatory, unlawful or otherwise objectionable.

12.5 You will promptly provide any documents or information reasonably requested to verify your identity, and will keep your account information accurate and up to date.

12.6 You must comply with all applicable laws relating to your use of the Website.

12.7 Please email us if you become aware of any material or activity on our website that does not comply with these Terms.

13. Links to the Website

13.1 Links from our site to third-party sites are provided for information purposes only and do not constitute an endorsement by us.

13.2 We have no control over, and accept no responsibility for, the content of third-party sites linked to or from our Site.

13.3 You may link to our home page provided you do so fairly and legally, and do not damage or take unfair advantage of our reputation.

13.4 You must not create a link that suggests any form of association, endorsement or approval by us where none exists.

13.5 You must not create a link to our website on a site you do not own.

13.6 You may not embed our website within frames on another site, or deep-link to any page other than our home page, without our consent.

13.7 We reserve the right to withdraw linking permission at any time.

13.8 Any site linking to ours must comply with our Acceptable Use Policy (paragraph 12).

13.9 Please contact us for prior approval of any link to our website not covered by this paragraph.

14. Intellectual Property Rights

14.1 The code, structure and organisation of the Website are protected by intellectual property rights.

14.2 We are the owner or licensee of all intellectual property rights in our website and its content, protected by applicable laws and treaties. All such rights are reserved.

14.3 You may only use the Website and its content for your own personal, non-commercial use, in accordance with these Terms.

14.4 Please notify us of any suspected infringement of our intellectual property rights.

14.5 You may not use our trade marks without our prior written consent.

15. Data Protection

15.1 Our Privacy Policy forms part of these Terms and Conditions.

15.2 We use cookies on our website, including to understand how customers use our site. By accepting these Terms, you agree to our use of cookies for this purpose — see our Privacy Policy and Cookie Policy for details.

15.3 Where you provide us with personal information, we will handle it in accordance with our Privacy Policy and take appropriate steps to protect it against unauthorised or unlawful processing, loss, or damage.

15.4 Information relating to the sale of Products may be accessible, in electronic form, to relevant employees, officers, consultants or agents involved in fulfilling your order.

16. Viruses and Security

16.1 We do not warrant that our website is completely secure or free from errors or viruses.

16.2 It is your responsibility to configure your own device and use appropriate anti-virus software.

16.3 You must not knowingly introduce viruses, Trojan horses, worms, or other malicious or technologically harmful material to the Site.

16.4 You must not attempt to gain unauthorised access to our website, servers, or any connected systems.

16.5 You must not attack our website via denial-of-service or distributed denial-of-service attacks.

16.6 If we believe you have breached this paragraph 16, your right to use our website will cease immediately, and we may report the breach to relevant authorities where required by law.

17. Liability

17.1 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 applicable law) that cannot lawfully be excluded, restricted or modified.

17.2 Subject to paragraph 17.1, and to the fullest extent permitted by law, we exclude liability for indirect, special or consequential loss (such as loss of profits or business opportunities) arising from your use of the Website or purchase of Products.

17.3 Subject to paragraph 17.1, and to the extent permitted by the Australian Consumer Law, our liability for a failure to comply with a non-excludable consumer guarantee is limited, at our election, to one or more of the following: replacement of the goods, repair of the goods, or refund of the price paid.

17.4 For all other liability not covered by paragraph 17.1 (e.g. liability arising outside the operation of a non-excludable consumer guarantee), our aggregate liability is limited to the amount you paid for the relevant Product(s), except in the case of death or personal injury caused by our negligence, or fraud, which are never excluded or limited.

17.5 Any claim arising out of or in connection with these Terms must be brought within the time period required by applicable law.

17.6 These provisions set out the full extent of our liability in connection with these Terms, subject always to paragraph 17.1.

18. Indemnification

18.1 You agree to indemnify us against reasonably foreseeable claims, costs and losses arising from: (a) a material breach by you of these Terms and Conditions; (b) any fraud, wilful misconduct or reckless disregard of your obligations under these Terms; or (c) your unlawful use of our website.

18.2 This indemnity does not apply to the extent that a claim, cost or loss arises from our own negligence, breach, or wrongdoing, or would otherwise be unenforceable under the Australian Consumer Law.

19. Force Majeure

19.1 If an event beyond our reasonable control ("Force Majeure Event") prevents us from fulfilling an order for more than a reasonable period, we may cancel the affected order and refund any amount paid for Products not delivered.

19.2 We will act reasonably and in good faith in responding to any Force Majeure Event.

20. Variations

20.1 We may update these Terms and Conditions from time to time. We will take reasonable steps to notify you of any material changes. The version in effect at the time of your order applies to that order.

20.2 If you do not agree with updated Terms, you should stop using our website or purchasing our Products.

21. Your Breach

21.1 If you breach these Terms, or we reasonably suspect that you have, we may take proportionate action, which may include: (a) issuing a warning; (b) temporarily restricting your access to our website; (c) suspending processing of an order; (d) declining to accept further payment from you; (e) restricting your access to our website; or (f) taking legal action, where appropriate.

21.2 If we restrict or suspend your access, you must not attempt to circumvent that restriction.

22. Termination and Suspension

22.1 You may stop using the Site at any time.

22.2 We may suspend or restrict access to the Site for operational, security or legal reasons, and will give notice where reasonably practicable.

22.3 We do not guarantee uninterrupted availability of our website, and may suspend, withdraw or restrict access for maintenance or operational reasons, with reasonable notice where practicable.

23. Effect of Termination

23.1 Termination of these Terms ends our ongoing obligation to provide customer service for future orders, but does not affect any rights or obligations that already arose beforehand (including in relation to orders already placed).

23.2 Paragraphs 17 (Liability) and 18 (Indemnification) continue to apply after termination, subject always to paragraph 17.1.

24. General Provisions

24.1 You may not assign your rights under these Terms without our consent.

24.2 The rights and remedies provided in these Terms are in addition to, and do not limit, any rights or remedies provided by law.

24.3 We may use third-party providers to host our website.

24.4 If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force.

24.5 A failure or delay by us in exercising any right under these Terms will not operate as a waiver of that right.

24.6 These Terms are for the benefit of you and us, and are not intended to benefit or be enforceable by any third party.

25. Governing Law

25.1 These Terms and Conditions are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state. (Placeholder to be confirmed once ABN registration and registered business address are finalised.)

25.2 Nothing in this paragraph limits any right you may have to bring proceedings in your local jurisdiction where required by applicable consumer protection law.

26. Definitions and Interpretation

26.1 In these Terms and Conditions: "Order" means the order you place through our website to purchase one or more Products from us; "Order Confirmation" means the email we send confirming your order in accordance with paragraph 4.3; "Payment Intermediary" means any third-party payment processor used by us; "Product" means a product offered on our website; "Website" or "Site" means henderslabel.com and any related sub-domains; "Site Infrastructure" means all systems (including code) that enable, provide or support the Site.

26.2 References to "paragraphs" are to paragraphs of these Terms and Conditions.

26.3 Headings are for convenience only and do not affect interpretation.

26.4 Words importing the singular include the plural and vice versa. Words importing any gender include all genders, and references to persons include individuals, companies, entities, businesses and partnerships.

Please email us at service@henderslabel.com if you have any questions or concerns about these Terms and Conditions, our website, or our Products.