Terms of service

Terms and Conditions for Online Sales

Background and Definitions

  1. These terms and conditions (Terms) apply between [Your Company Name Pty Ltd] trading as UPagain ABN: [insert ABN] (we, us, our) and you, the customer (Customer, you).
  2. We are an online retailer. The products we sell are displayed on our website, [insert website URL] (Website).
  3. If you would like to order or pre-order products from us (Goods), you must place an order through the Website (Order).
  4. Prices displayed on the Website are in Australian dollars and are inclusive of GST unless otherwise stated (Price). We use reasonable efforts to ensure product details, descriptions, availability and prices are accurate. However, errors may occur. If an error occurs, we may correct it and, where relevant, contact you before proceeding with or cancelling your Order.
  5. These Terms apply to the supply of any Goods by us to you.

Orders

  1. When you place an Order through the Website, you will receive an order confirmation email confirming that we have received your Order. This is an acknowledgement only and does not constitute acceptance of your Order.
  2. We accept your Order when we send you confirmation that the Goods have been dispatched, or otherwise confirm acceptance in writing.
  3. We reserve the right to reject or cancel an Order before dispatch for any reason, including stock availability, pricing errors, suspected fraud, supply issues or delivery restrictions. If we cancel your Order, we will refund the amount paid for the cancelled Goods.

Payment

  1. Full payment is required at the time of placing your Order.
  2. Payment may be made using the payment methods available at checkout, which may include credit card, debit card, PayPal, Shop Pay, Afterpay, Zip Pay, electronic funds transfer or other available payment providers.
  3. Third-party payment providers are subject to their own terms and conditions.
  4. If payment cannot be successfully processed, we may cancel your Order.

Amendments and Cancellations

  1. Once an Order has been dispatched, it cannot be cancelled or amended without our prior written consent.
  2. If you request to cancel an Order before dispatch, we may agree to cancel the Order and refund the purchase price, less any transaction fees, payment processing fees, shipping costs or other costs already incurred.
  3. If you request to cancel a pre-order, we may agree to cancel the Order and refund the purchase price, less a restocking or cancellation fee of up to 10%, where permitted by law.

Product Use

  1. You are responsible for ensuring that the Goods are suitable for your intended use before purchasing.
  2. Where Goods require fitting, installation, sizing, adjustment or specialist use, we recommend you seek assistance from a suitably qualified professional.
  3. We are not liable for loss, damage, injury or other consequences arising from incorrect use, incorrect sizing, improper installation, misuse, modification, or use contrary to instructions.

Freight and Delivery

  1. Shipping costs, if applicable, will be shown at checkout or otherwise advised by us.
  2. We may use Australia Post, courier services, third-party carriers, fulfilment partners or dropshipping suppliers to deliver Orders.
  3. Delivery times are estimates only. We are not liable for delays caused by carriers, suppliers, incorrect delivery details, customs processes, public holidays, peak periods or events outside our reasonable control.
  4. Goods may be delivered in separate parcels.
  5. Pre-order, back-order or out-of-stock Goods may have extended delivery timeframes. Any estimated delivery timeframe is an estimate only.
  6. If international shipping is offered, you are responsible for any customs duties, taxes, import fees or other charges imposed in the destination country.

Title and Risk

  1. Title in the Goods passes to you once payment has been received in full.
  2. Risk in the Goods passes to you once the Goods are dispatched to the delivery address you provided, or upon collection if you collect the Goods.

Receipt of Goods

  1. You must inspect the Goods as soon as possible after delivery.
  2. If Goods are damaged, defective, incorrect or missing, you must notify us within 3 days of delivery by contacting [insert contact email].
  3. You must provide reasonable evidence, including photographs where requested.
  4. We are not responsible for lost or stolen Goods once tracking shows delivery, except where required by law.

Australian Consumer Law

  1. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.
  2. You are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage.
  3. You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
  4. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under Australian law.

Defective Goods

  1. If Goods are faulty, defective, not of acceptable quality, not fit for purpose, or do not match their description, we will provide a remedy as required under the Australian Consumer Law.
  2. We may require you to return the Goods for assessment before providing a repair, replacement or refund.
  3. We are not responsible for defects or damage caused by misuse, incorrect care, unauthorised modification, improper installation, normal wear and tear, or third-party actions.

Returns for Change of Mind

  1. We may accept change-of-mind returns at our discretion.
  2. To request a change-of-mind return, you must contact us within 30 days of receiving the Goods.
  3. Goods must be returned:
  • unused;
  • in original packaging;
  • with tags, labels and accessories included;
  • in resaleable condition; and
  • with proof of purchase.
  1. You are responsible for return shipping costs unless otherwise agreed by us or required by law.
  2. Approved change-of-mind returns may be subject to a restocking fee of up to 10%.
  3. We do not accept change-of-mind returns for customised, personalised, clearance, final-sale, hygiene-sensitive or special-order Goods unless required by law.
  4. Refunds will be processed to the original payment method once the returned Goods have been received and inspected.

Privacy and Marketing

  1. We collect and handle your personal information in accordance with our Privacy Policy available on the Website.
  2. By placing an Order or interacting with us, you agree that we may contact you about your Order, customer support, products, promotions and related matters through channels such as email, SMS, phone, app notifications, social media and advertising platforms.
  3. You may unsubscribe from marketing communications at any time.

Intellectual Property

  1. All intellectual property rights in the Website, branding, content, product descriptions, images, designs, graphics, logos and other materials are owned by us or licensed to us.
  2. You must not copy, reproduce, distribute, modify or use our intellectual property without our prior written consent.

Website Use

  1. You must not use the Website for any unlawful, fraudulent or harmful purpose.
  2. You must not interfere with the Website, attempt unauthorised access, upload malicious code, scrape content, or misuse any part of the Website.
  3. We may suspend or restrict access to the Website at any time.

Limitation of Liability

  1. To the maximum extent permitted by law, we are not liable for indirect, consequential or special loss, loss of profit, loss of revenue, loss of opportunity, or loss of data arising from your use of the Website or purchase of Goods.
  2. To the maximum extent permitted by law, our liability is limited to the amount paid by you for the relevant Goods.
  3. This limitation does not exclude any rights you have under the Australian Consumer Law.

Force Majeure

  1. We are not liable for any failure or delay in performing our obligations where the failure or delay is caused by events beyond our reasonable control, including natural disasters, supplier delays, carrier delays, strikes, pandemics, government action, system outages, cyber incidents or other force majeure events.

Variations to These Terms

  1. We may update these Terms from time to time.
  2. Updated Terms take effect when published on the Website.
  3. The Terms that apply to your Order are the Terms in place at the time you placed the Order.

Governing Law

  1. These Terms are governed by the laws of [insert State/Territory, e.g. Queensland], Australia.
  2. The parties submit to the jurisdiction of the courts of that State or Territory.

General

  1. If any part of these Terms is invalid or unenforceable, that part will be read down or severed, and the remaining Terms will continue to apply.
  2. Any waiver must be in writing and signed by us.
  3. These Terms constitute the entire agreement between you and us in relation to the supply of Goods.
  4. You acknowledge that you have not relied on any representation, statement or warranty not expressly included in these Terms.

Contact Us

For questions about these Terms, contact us at:

UPagain
Email: info@upagain.com.au
Website: upagain.com.au

Last updated: May 2026