Terms Of Sale

This website is owned and operated by Hey Sheila LLC (ABN 37 599 359 411) trading as Sheila the Label (us, we or our).

These terms of sale (Terms of Sale or Terms) govern any purchases you make from this website, and apply every time you purchase products from us. By purchasing products from this website, you agree to be bound by these Terms, as updated by us from time to time. You agree that we may change and update these Terms from time to time without notice to you and the most recent version of these Terms posted on this website at the time you make a purchase will apply and bind you in respect of that purchase. Please review these Terms regularly to take notice of any changes that we may have made.

These Terms should be read in conjunction with our Terms of Use and our Privacy Policy.

1. Submitting an order online

  1. You must be 18 years or over (or otherwise above the age of majority in the place that you use this website) and capable of entering into a binding contract with us in order to purchase products from this website. If you are under 18 years of age, you warrant to us that you have the permission of your parent or legal guardian to purchase products from us.

  2. By submitting an order online, you are making an offer to purchase the products from us at the price on this website. You warrant to us that all required information you provide to us is accurate, complete and correct at the time you submit your order. Once your order has been submitted, your order (including all order details) cannot be cancelled or amended.

  3. All orders submitted through this website are subject to our confirmation and acceptance. Once your order has been submitted, you will receive an automatic email from us confirming receipt of your order. Please note that our automatic order confirmation does not constitute acceptance of your order. We may reject your order for any reason and refund any amount paid by you for your order at any time prior to dispatch.

  4. Your offer to purchase the products from us will be deemed to be accepted by us once you receive an email confirmation from us that your order has been dispatched and we provide you with a tracking number to track your order.

  5. We reserve the right to cancel your order prior to dispatch and, in some cases, to refuse to accept subsequent orders from you if:

(a) you provide inaccurate or insufficient details in relation to your order;

(b) we know or suspect that you intend to on-sell the purchased products to third parties; or

(c) we know of or suspect any fraudulent or dishonest activity in relation to your order.

    2. Unavailable and out-of-stock items

    1. All orders submitted through this website are subject to availability.

    2. If any item is unavailable or out-of-stock, we will notify you as soon as practicable after receipt of your order. You may then confirm your order (if the item is out-of-stock, and wait to receive your order once the item is back in stock) or elect to cancel your order. If you elect to cancel your order, we will refund to you any amount paid for the unavailable or out-of-stock item.

    3. If you submit an order which includes both in-stock and out-of-stock items, and you elect to confirm your order for the out-of-stock item, we reserve the right to not dispatch any part of your order separately and we may choose to only dispatch your order once all purchased items are in stock.

    3. Price and Payment

    1. Prices shown on this website are in Australian dollars. Delivery costs will be charged in addition to the price of the product and will appear in the total price summary before you submit your order. Where applicable, all prices and costs are inclusive of GST.

    2. In relation to any goods and services tax (GST) payable for a taxable supply by a party under this agreement, the recipient of the supply must pay the GST, subject to the supplier providing a tax invoice. Terms used in this clause have the meanings given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    3. Payment must be made in full at the time of submitting your order. Payment can be made by Visa, Mastercard, American Express, Apple Pay, Shop Pay, Google Pay, or Meta Pay only. You warrant that you are an authorised user of the payment method used to complete payment.

    4. Your order will not be dispatched until payment for your order has been cleared by us and we have debited your payment method. If payment cannot be processed, we will notify you and cancel your order.

    4. Delivery

    1. Subject to these Terms, once your order has been submitted, we will endeavour to dispatch your order within 5 business days from receipt of your order. You acknowledge and agree that dispatch of your order may be delayed for any reason, including but not limited to the circumstances at paragraph 9 or during sales periods.

    2. Your order will be shipped to your delivery address by our preferred carrier. If you elect not to sign for your delivery, including if you check the box ‘Authority to Leave’, you:

      1. authorise us to arrange for your order to be delivered to, and left at, your nominated delivery address; and

      2. agree that, to the extent permitted by law, we are not responsible for orders not received by you if delivered by this method.

    3. We do not guarantee that your order will be delivered within our preferred carrier’s expected delivery times.

    4. If your order is not successfully delivered to you and is returned to us after dispatch, you are responsible for any costs associated with re-sending the purchased products to you.

    5. If your order has been lost in transit, please contact us and we will make enquiries on your behalf.

    6. We are not responsible for any products lost in transit.

      Australia

    7. We deliver Australia-wide. We currently use multiple postal and courier services, depending on your location and the service selected at checkout.

      United States of America

    8. We deliver to the Unites States of America. We currently use multiple postal and courier services, depending on your location and the service selected at checkout. This includes Australia Post’s international delivery services, and USPS’s services for delivery within the United States.

      5. Returns and refunds

      1. Please choose your items carefully and ensure that you have read and understood the relevant sizing guide (if applicable). Except as provided in our Returns Policy or as otherwise required by law, we do not offer refunds or exchanges.

      2. Risk in the products pass to you when you receive an email confirmation from us that your order has been dispatched and we provide you with a tracking number to track your order.

      3. Title to the products pass to you on payment to us in full for the products.

      6. Product disclaimer

      1. We attempt to display our products as accurately as possible. Due to many factors, including colouring varying from screen to screen, and from screen to printer, we cannot guarantee that the colours in the products you receive will be identical to the colours appearing on this website.

      2. While we have taken reasonable steps to ensure that all details, descriptions, and prices which appear on this website are accurate and up to date, we make no representations, warranties or guarantees that the information appearing on this website is accurate or error free. If we discover an error or inaccuracy in the details, descriptions or pricing information, we may at any time without notice to you correct such errors or inaccuracies.  If we discover an error or inaccuracy after you have submitted an order to us, we will contact you to inform you of the error or inaccuracy. You may then confirm your order with the correct information or elect to cancel your order. If you elect to cancel your order, we will refund to you any amount already paid by you, in accordance with paragraph 4 of our Returns Policy.

      7. Intellectual Property

      1. We own, or are licenced to use, all Intellectual Property Rights in our products.

      2. You must not infringe our Intellectual Property Rights in our products.

      8. Liability

      1. Nothing in these Terms excludes, restricts or modifies any of those rights, guarantees or remedies which, pursuant to the Australian Consumer Law (ACL), cannot be excluded, restricted or modified by agreement.

      2. Subject to this paragraph 8, and to the extent permitted by law and except as expressly stated in these Terms:

        1. all other representations, guarantees, warranties and terms are excluded;

        2. we are not liable to you, whether in contract, tort (including negligence), in equity, under statute or otherwise, for any special, indirect, incidental or consequential loss or damages, or any damages for loss of business, loss of profit, business interruption, loss of data or for any other pecuniary or non-pecuniary loss or damage that may arise under these Terms or in connection with your order, purchase or use of our products. In addition, we are not liable to the extent that any loss or damage was caused or contributed to by your negligence or the negligence of any third party; and

        3. our aggregate liability in damages arising out of or in connection with the goods or services supplied under these Terms (however arising) will not exceed the total price paid by you for those goods or services (as applicable).

      9. Force Majeure

      1. We will not be liable for any delay or failure to perform any obligation under these Terms where that delay or failure is the result of any cause outside our reasonable control.

      10. Contact Details

      1. If you have any comments, feedback or questions about our products, your order, or these Terms, please email us at hello@sheilathelabel.com.

      2. We may give notice to you by either direct communication to the email address provided by you or generally by publication of a generic message or communication on this website.

      11. General

      1. You acknowledge that we may assign any of our rights or obligations under these Terms at any time.

      2. The provisions of these Terms are deemed to be severable and any invalidity of any provision of these Terms will not affect the validity of the remaining provisions.

      3. Our failure to exercise or a delay in exercising any right, power or remedy under these Terms does not operate as a waiver of that right, power or remedy.

      4. These Terms will be governed by and interpreted in accordance with the laws of Victoria and you agree to the jurisdiction of the courts of Victoria to determine any disputes arising out of these Terms.

      12. Definitions

      1. In these Terms, the following words have the meanings set out below:

        Intellectual Property Rights means all existing and future intellectual property rights of whatever nature anywhere in the world, including trade marks, logos, domain names, trade names, designs, patents, copyright and analogous rights, know how, trade secrets, business names, concepts, rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

        You or your means the person who purchases products from this website.