Terms of Service

Overview

This website is operated by Darker Apparel PTY LTD. Throughout the site, the terms “we”, “us” and “our” refer to Darker Apparel. Darker Apparel offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SMS Marketing Terms

Last updated: Feb. 9, 2025

The Darker Apparel mobile message service (the "Service") is operated by Darker Apparel ("we", "us", or "our"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms").

By consenting to Darker Apparel’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Darker Apparel through your wireless provider to the mobile number you provided. Text messages may include promotions, specials, and other marketing offers (e.g., cart reminders). Message frequency may vary.

You understand that your consent to receive these messages is not a condition of purchase. Standard message and data rates may apply. You are responsible for any fees charged by your wireless provider.

You may opt out of receiving text messages at any time by texting the keyword STOP to Darker or clicking the unsubscribe link provided in any message. You may also text HELP for support.

We may modify the phone numbers or short codes used to send messages at any time. We will not be responsible for honouring requests made to deactivate short codes.

For support, contact info@darkerapparel.com.

For further details, see our Privacy Policy and Mobile Terms of Service.

Email Marketing Terms

Last updated: Feb. 9, 2025

By subscribing to Darker Apparel’s email marketing service, you agree to receive recurring emails from and on behalf of Darker Apparel at the email address you provided during sign-up. These emails may include promotions, discounts, new product launches, event updates, and other marketing offers.

Subscription Terms:

  1. Voluntary Participation: Subscribing to our email list is entirely voluntary and not a condition for purchasing products or using our services.
  2. Frequency of Emails: The frequency of marketing emails may vary depending on promotional campaigns, product launches, or updates.
  3. Opt-Out:
    • You can unsubscribe from our marketing emails at any time by clicking the "Unsubscribe" link included at the bottom of every email.
    • Alternatively, you may contact us at info@darkerapparel.com to request removal from our email list.
  4. Changes to Email Address:
    • If you change your email address, you must update your subscription by contacting us or signing up again with your new email address.
  5. Responsibility: Darker Apparel is not responsible for any missed communications due to an incorrect or outdated email address.

Email Tracking:

To improve the relevance of our marketing efforts, we may use email tracking technologies such as pixels or unique tracking links. These technologies allow us to measure email open rates, link clicks, and user engagement. You can disable these features by adjusting the email settings in your email client or disabling image loading.

Privacy and Data Protection:

We respect your privacy and handle your personal information in compliance with applicable data protection laws. For more details, see our Privacy Policy.

Liability:

To the extent permitted by applicable law, we will not be liable for any delays, errors, or issues arising from the delivery of email communications.

If you have any questions or concerns about our email marketing terms, please contact us at info@darkerapparel.com.

Payment, Pricing, and Promotions

We accept payments through PayPal, credit cards (Visa, Mastercard), and other secure methods such as Shopify Payments, Apple Pay, Google Pay and Stripe as outlined on our website. All prices include GST for Australian customers and are listed in AUD unless stated otherwise. Promotional codes and discounts cannot be combined unless specified.

Returns and Refunds

We accept returns within 30 days of purchase. Items must be returned in their original, unworn condition with tags attached. Sale items are not eligible for refunds unless faulty.

For further details, refer to our Returns and Refunds Policy.

Order Confirmation & Contract Formation

Placing Your Order
When you place an order on our website, you are offering to purchase the product(s) listed in your basket. After you complete the checkout process and provide your payment details, you will receive an email confirming that we have received your order.

Order Acceptance
Our acceptance of your order occurs when we send you a confirmation email that your order has been dispatched. At this point, a binding contract between you and Darker Apparel is formed.

Order Restrictions
To place an order, you must be at least 18 years old or have parental/guardian consent. You must also be authorized to use the payment method provided.

Pricing Errors and Adjustments

Accuracy of Pricing
While we strive to ensure the accuracy of all prices on our website, errors may occur. If a product's correct price is lower than our listed price, we will charge the lower price when accepting your order. If the correct price is higher, we will contact you before dispatching the product to confirm whether you still wish to proceed.

Promotions and Adjustments
Prices for our products are subject to change, including during promotional periods. Discounts or price adjustments cannot be applied retroactively to purchases made prior to the promotion.

Cancelled Orders Due to Pricing Errors
If an obvious pricing error is identified after we accept your order, and it could reasonably have been recognized by you as an error, we reserve the right to cancel the order, issue a refund, and require the return of any dispatched products.

Discount Codes

From time to time, Darker Apparel may issue discount codes that can be applied during checkout.

Discount Code Rules:

  1. Codes are valid for a limited time as specified in the promotional material and cannot be used after the expiration date.
  2. Discount codes are applicable only to full-priced items unless stated otherwise.
  3. Only one code can be applied per order.
  4. Codes are non-transferable, cannot be exchanged for cash, and are territory-specific.
  5. Codes cannot be used toward delivery costs or the purchase of gift cards.
  6. Orders using discount codes are subject to stock availability.

Refunds for Discounted Items
If you return a discounted item, the refunded amount will reflect the discounted price you paid. If the discount code required a minimum spend, and a partial return lowers the total order value below that minimum, the discount will no longer apply, and the refund will reflect the adjusted pricing.

Gift Cards

Purchasing Gift Cards
Gift cards can be purchased through our website and will be delivered as a digital code via email.

Gift Card Rules:

  1. Gift cards are valid for three years from the date of purchase.
  2. Gift cards cannot be redeemed for cash.
  3. Gift cards can only be used on the regional website where they were purchased.
  4. Gift cards cannot be used to purchase other gift cards.

Refunds for Gift Card Purchases
If you return an item purchased with a gift card, the refund will be issued as store credit.

Contact Information

Questions about the Terms of Service should be sent to us at info@darkerapparel.com or mailed to:

Darker Apparel PTY LTD 18-22 Castles Drive, 7, Torquay, Victoria 3228, Australia
ABN: 41 684 248 799