Terms of service

This website is operated by Caelan Apparel. Throughout the site, the terms “we”, “us” and “our” refer to Caelan Apparel. Caelan Apparel offers this website, including all information, tools, products 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 any 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, customers, merchants, vendors 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 this site, you agree to be bound by these Terms of Service. If you do not agree to all 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, products or tools which are added to the current store shall also be subject to these 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. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

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

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

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in immediate termination of your access to our Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, subject to applicable law.

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, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We aim to provide accurate and helpful information on our website, including product descriptions, sizing, access features, shipping information and care instructions. However, 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 as the sole basis for making decisions without consulting more accurate, complete, current or relevant sources of information.

Caelan Apparel does not provide medical advice. Any information on this site relating to treatment access, recovery, comfort, chemotherapy, dialysis, ports, PICC lines, injections, surgery or other health-related topics is general in nature only. You should always follow the advice of your doctor, nurse, surgeon or treating medical team when deciding what is suitable for your treatment, procedure or recovery.

Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information 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 we have no obligation to update any information on our site, except where required by law. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

All prices displayed on our website are in Australian dollars and include GST, unless otherwise stated.

We reserve the right at any time to modify or discontinue the Service, or any part or content of the Service, without notice at any time.

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

SECTION 5 - 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 Returns & Refunds Policy.

Caelan Apparel creates accessible clothing designed to support comfort, dignity and easier access during treatment, recovery and everyday wear. Our products are not medical devices and are not intended to diagnose, treat, prevent or cure any medical condition.

Some Caelan garments include zips and metal components. These garments may not be suitable for scans, imaging or medical procedures where metal needs to be removed. Please always follow the instructions of your treating medical team.

We have made every effort to display as accurately as possible the colours, images, fit and features of our products that appear on the store. We cannot guarantee that your computer monitor, phone screen or device display of any colour will be accurate.

We reserve the right, but are not obligated, 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, subject to applicable law.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product availability or product pricing are subject to change at any time without notice, at our sole discretion.

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, except as required under Australian Consumer Law.

SECTION 6 - PRE-ORDERS

Some Caelan Apparel products may be offered for pre-order from time to time.

When you purchase a pre-order item, you are purchasing a product before it is ready to ship. Payment is taken at checkout when you place your pre-order. This reserves your garment for you.

For Caelan’s first production run, the estimated production lead time is up to 120 days from the start of production.

Pre-order timeframes are estimates only and may be affected by production schedules, quality checks, freight delays or circumstances outside our control. If there is a material delay to your pre-order, we will aim to contact you using the email address provided at checkout.

You can cancel your pre-order any time before your order has shipped by contacting us at info@caelanapparel.com.

Once your pre-order has shipped, it can no longer be cancelled. You may still be able to return your item in line with our Returns & Refunds Policy, provided it meets the return conditions.

If your order includes both in-stock and pre-order items, your order will ship together once the pre-order item is ready, unless otherwise stated.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, subject to applicable law.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or unauthorised third parties.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, shipping address and payment information, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns & Refunds Policy, Shipping Policy and Cancellation Policy.

SECTION 8 - SHIPPING AND DELIVERY

Caelan Apparel currently ships to Australia and New Zealand.

In some cases, international shipping may also be available. Customers outside Australia and New Zealand should contact us at info@caelanapparel.com before placing an order to confirm whether shipping is available to their location.

Shipping costs, delivery timeframes and available delivery options are set out in our Shipping Policy and/or displayed at checkout.

Delivery timeframes are estimates only. We are not responsible for delays caused by delivery providers, customs processing, incorrect delivery details, weather events, public holidays, high-volume periods or circumstances outside our control.

We do not deliver to PO Boxes or Parcel Lockers.

You are responsible for providing accurate and complete delivery information at checkout. If you enter incorrect delivery details, please contact us as soon as possible. If your order has already shipped, we may not be able to amend your delivery details.

SECTION 9 - RETURNS, EXCHANGES AND REFUNDS

Returns, exchanges and refunds are handled in accordance with our Returns & Refunds Policy.

Eligible items may be returned or exchanged within 30 days of delivery, provided they meet our return conditions.

Items must be unused, unworn, unwashed, in original condition, returned with all Caelan tags attached and accompanied by proof of purchase.

Items marked Clearance or Final Sale, second or sample items, gift cards, partial bundles and items that have been worn, washed, damaged, marked or returned without Caelan tags attached are not eligible for return or exchange for change of mind.

Return postage for change-of-mind returns and exchanges is the responsibility of the customer.

Nothing in these Terms, our Returns & Refunds Policy or any other policy excludes, restricts or modifies any rights you have under Australian Consumer Law.

SECTION 10 - GIFT CARDS

Caelan Apparel may offer gift cards for purchase through the website.

Gift cards are non-refundable and cannot be exchanged for cash, except where required by law.

Caelan gift cards do not expire.

Gift cards should be treated like cash. We are not responsible for lost, stolen or unauthorised use of gift cards, except where required by law.

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except as required by law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider or providers.

We may also, in the future, offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

SECTION 12 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites, except as required by law.

Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions, for example competition entries, or without a request from us you send creative ideas, suggestions, proposals, plans, product feedback, testimonials, reviews or other materials, whether online, by email, by postal mail or otherwise, collectively referred to as “comments”, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy to understand how we collect, use, store and disclose personal information.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, sizing, colours, access features, pricing, promotions, offers, product shipping charges, transit times, availability or other information.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, state, territory, provincial or local regulations, rules, laws or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected attribute;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service, any related website, other websites or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service, any related website, other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us or required by law, provided “as is” and “as available” for your use.

To the maximum extent permitted by law, we make no representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non-infringement.

Caelan Apparel products are accessible garments and are not medical devices. We do not warrant that our products will be suitable for any particular medical treatment, procedure, scan, recovery plan, access site or clinical setting. You should always follow the advice of your treating medical team.

In no case shall Caelan Apparel, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of the Service or any products procured using the Service, except to the extent such liability cannot be excluded under applicable law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Caelan Apparel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.

You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, and any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 23 - CHANGES TO 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Your continued use of, or access to, our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@caelanapparel.com