Terms of Service

Overview

Welcome to The Dark Collective. Throughout this site, the terms “we,” “us,” and “our” refer to The Dark Collective.

We operate this website and online store, including all related information, content, features, tools, products, and services, to provide you with our goods and services.

Our store is hosted on Shopify, which enables us to offer and operate our online store. By visiting our site, browsing our store, or purchasing from us, you agree to be bound by these Terms of Service, our Privacy Policy, Shipping Policy, and Return and Refund Policy.

If you do not agree to these Terms, you must not use our website or services.

1. Eligibility and Use of the Store

By using this site, you confirm that you are at least the age of majority in your state, territory, province, or country of residence, or that you are using the site under the supervision of a parent or legal guardian.

You agree not to use our website or services for any unlawful, fraudulent, unauthorised, abusive, or harmful purpose, or in any way that may damage, disable, overburden, or impair our website, systems, or services.

2. Account and Customer Information

You may be asked to provide certain information to access or purchase through our store, including your name, email address, billing address, shipping address, and payment details.

You agree that all information you provide is accurate, current, and complete, and that you will promptly update it if it changes.

You are responsible for maintaining the confidentiality of any account information and for all activity carried out under your account.

3. Products and Services

Certain products may be available exclusively online through our store and may have limited quantities.

We make reasonable efforts to display product colours, designs, prints, embroidery, and other product details as accurately as possible. However, actual colours and appearance may vary due to screen settings, device displays, lighting, production methods, garment texture, and manufacturing variations.

We reserve the right to change, update, or discontinue any product, service, price, description, or availability at any time without notice.

We also reserve the right to limit quantities, refuse service, reject orders, or cancel orders at our discretion, subject to applicable law.

4. Orders

When you place an order, you are making an offer to purchase the selected products.

We reserve the right to accept, reject, cancel, or limit any order for reasons including suspected fraud, pricing errors, product availability issues, payment issues, or incorrect shipping details.

An order is not accepted until payment has been received and processed and we have confirmed the order.

Please review your order carefully before completing checkout. We may not be able to change or cancel an order once it has been submitted for production or fulfilment.

5. Pricing and Billing

All prices are listed in AUD unless otherwise stated.

Prices, discounts, and promotions may change without notice. Posted prices do not include shipping charges, taxes, duties, customs fees, or import charges unless otherwise stated.

You agree to provide current, complete, and accurate billing and payment information for all purchases.

By submitting payment information, you confirm that you are authorised to use the selected payment method and that all payment details provided are valid and accurate.

6. Shipping and Delivery

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs, weather, supply interruptions, or events outside our reasonable control.

Risk of loss or damage to goods passes to you upon delivery to the shipping address provided in your order, to the extent permitted by applicable law.

Please refer to our Shipping Policy for further information.

7. Returns, Refunds, and Exchanges

Returns, refunds, replacements, and exchanges are handled in accordance with our Return and Refund Policy.

Because many of our items are made to order, we do not accept returns, refunds, or exchanges for change of mind, incorrect size selection, incorrect colour selection, buyer’s remorse, or incorrect shipping details, unless required by applicable law.

If your item arrives damaged, defective, incorrect, or there is another issue with your order, please contact us at thedarkcollective.au@outlook.com as soon as possible with your order number and clear photos of the issue.

8. Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded under applicable law.

For Australian customers, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For customers outside Australia, these Terms operate subject to any mandatory consumer protection rights or remedies that may apply under relevant local law.

9. Optional Tools and Third-Party Services

We may provide access to third-party tools, apps, payment providers, or services that we do not control.

These third-party services are provided “as is” and “as available” without warranties of any kind, except as required by applicable law.

Your use of any third-party tools or services is at your own risk and may be subject to the terms and policies of those third parties.

10. Third-Party Links

Our store may contain links to third-party websites or services that are not owned or controlled by us.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, or services of any third-party website or provider.

Your use of third-party websites or services is entirely at your own risk.

11. Intellectual Property

All content on this site, including but not limited to logos, artwork, graphics, text, product images, designs, branding, and layout, is owned by or licensed to The Dark Collective and is protected by applicable intellectual property laws.

You must not reproduce, copy, distribute, modify, republish, sell, exploit, or otherwise use any part of our website, services, or site content without our prior written permission.

12. Reviews, Feedback, and Submissions

If you submit comments, reviews, suggestions, ideas, photos, or other materials to us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, display, and distribute that content in connection with our business, marketing, website, and social media.

You agree that your submissions will not violate any law or the rights of any third party.

We reserve the right to remove any content that we consider unlawful, misleading, offensive, defamatory, infringing, abusive, or otherwise objectionable.

13. Errors and Inaccuracies

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping costs, delivery times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to update or cancel orders if any information is inaccurate at any time, subject to applicable law.

14. Prohibited Uses

You must not use our website or services to:

break any law or regulation
infringe our intellectual property or the rights of others
upload or transmit malicious code
spam, phish, scrape, crawl, or interfere with the site
engage in fraudulent, abusive, misleading, or deceptive conduct
attempt to access systems, data, or accounts without permission

We reserve the right to suspend or terminate access to our website or services if we reasonably believe you have breached these Terms.

15. Disclaimer of Warranties

To the fullest extent permitted by law, our website and services are provided “as is” and “as available.”

We do not guarantee that the website or services will be uninterrupted, secure, timely, error-free, or free from harmful components.

Nothing in this section excludes, restricts, or modifies any consumer guarantees, rights, or remedies that cannot be excluded under applicable law.

16. Limitation of Liability

To the fullest extent permitted by law, The Dark Collective, its owners, affiliates, contractors, service providers, licensors, and partners will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of our website, services, or products.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

17. Indemnity

You agree to indemnify and hold harmless The Dark Collective and its affiliates, service providers, and partners from any claims, losses, liabilities, damages, costs, or expenses arising out of your breach of these Terms or misuse of our website or services.

18. Termination

We may suspend, restrict, or terminate your access to our website or services at any time if we reasonably believe you have breached these Terms or engaged in unlawful, fraudulent, abusive, or harmful conduct.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies posted on this site, constitute the agreement between you and us regarding your use of our website and services.

21. Governing Law

These Terms of Service are governed by the laws of New South Wales, Australia.

Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded under applicable law, including rights under the Australian Consumer Law.

22. Changes to These Terms

We reserve the right to update, change, or replace any part of these Terms at any time by posting the updated version on our website.

It is your responsibility to review these Terms periodically for changes.

Your continued use of our website or services after any changes are posted constitutes acceptance of those changes.

23. Contact Information

Questions about these Terms of Service should be sent to:

The Dark Collective
Email: thedarkcollective.au@outlook.com

For business details, please contact us by email.