Website Terms & Conditions – Stackers Australia

Effective Date: 1 November 2025

Overview
Welcome to www.stackersau.com.au (“Site”). The terms “we”, “us” and “our” refer to Stackers Australia, operated by The Verge Collective Pty Ltd (ABN 56 691 572 817). Stackers Australia operates this Site and provides all related information, features, tools, products and services (the “Services”). The Services are powered by Shopify, which enables us to operate our online store. These Terms of Service (“Terms”) describe your rights and responsibilities when using the Services. By accessing, browsing or purchasing from our Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue use of the Services immediately.

1. Acceptance of Terms
By using this Site, you confirm that you are over 18 years of age or have consent from a guardian, have read and accepted these Terms, and will comply with these Terms at all times. If you do not accept these Terms, you must not use the Site.

2. Changes to Terms
We may update these Terms at any time by posting amendments on this page. Continued use of the Site signifies acceptance of any updated Terms. You are responsible for reviewing the Terms periodically.

3. Intellectual Property
All content on this Site, including designs, graphics, copy, logos, video, audio and product descriptions, is owned by or licensed to Stackers Australia. You must not reproduce, sell, publish, distribute or exploit any portion of the Services or our intellectual property without written permission. You are granted a limited, non-transferable licence for personal use only.

4. Third-Party Links
This Site may contain links to third-party websites. We are not responsible for the content, accuracy or practices of those websites. Accessing third-party sites is at your own risk.

5. Privacy
Our Privacy Policy governs the collection and use of personal information. By using the Site, you consent to the practices outlined in our Privacy Policy.

6. Account Creation
To shop with us or access certain features, you may need to create an account. You agree to provide current, complete and accurate information, keep your login details secure, promptly update your information if it changes, and accept responsibility for all activity under your account. You must not sell, transfer or assign your account to any other person. We may suspend or terminate your account if you breach these Terms.

7. Pricing and Payment
All prices are listed in Australian Dollars (AUD) and include GST where applicable. Prices, discounts and promotions may change without notice. You agree to provide accurate billing and payment details, including current email, payment card numbers and expiry dates. By making a purchase, you warrant that the payment information provided is true and authorised, your card issuer will honour the charges, and you will pay all charges incurred, including taxes, shipping and handling. Unless otherwise stated, prices do not include shipping, customs duties, import taxes or other charges.

8. Orders
When you place an order, you make an offer to purchase the products in your cart. Stackers Australia reserves the right to accept or decline your order at our discretion. Your order is accepted only once we issue a confirmation email and have received full payment. We may cancel, amend or refuse orders due to errors or inaccuracies in product information or pricing, suspected fraud or misuse, or stock unavailability. If your order is cancelled after payment, we will refund you in full. Purchases are for personal use and not for resale or export unless agreed in writing.

9. Returns and Refund Policy
Stackers Australia accepts returns for faulty goods only, in accordance with our Returns & Refunds Policy. Change-of-mind returns are not accepted. Full policy available on our Site.

10. Shipping Policy
Our Shipping Policy forms part of these Terms and is available on our Site.

11. Digital Products
Where digital products are offered, you receive a limited, non-transferable licence for personal use. Digital products are non-refundable unless delivery fails or the file is defective.

12. Errors, Inaccuracies and Omissions
Occasionally there may be errors or inaccuracies relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct errors and update information at any time, including after an order has been submitted. If we cancel an order due to an error, we will issue a full refund.

13. Prohibited Uses
You may only use the Site for lawful purposes. You must not use the Services to break any laws or regulations, infringe intellectual property rights, harass, abuse, defame or harm others, upload malware or harmful code, send unauthorised advertising or spam, attempt to access accounts or systems without authority, interfere with security features, or engage in conduct that harms Stackers Australia, Shopify or other users. We may suspend or terminate your access if we reasonably believe you have breached this clause.

14. Relationship with Shopify
Our online store is hosted by Shopify, which provides the e-commerce platform enabling us to offer the Services. All purchases are made directly with Stackers Australia. Shopify is not responsible for any sales, orders, payments, delivery or product-related issues. By using the Services, you release Shopify from any claims arising out of your transactions with Stackers Australia.

15. Feedback, Reviews and User Content
If you submit any reviews, photos, suggestions, ideas or other content (“Feedback”), you grant Stackers Australia a perpetual, worldwide, royalty-free, transferable licence to use, modify, publish and display your Feedback for marketing, promotional and business purposes. You confirm you own or control the rights to any Feedback you provide and that it does not violate any laws or third-party rights. We may remove Feedback we consider inappropriate or unlawful.

16. Feedback and Complaints
For complaints or product issues, contact orders@stackersau.com.au We aim to respond within 3 business days and resolve issues within 14 business days.

17. SMS and Email Marketing
By subscribing to SMS or email marketing, you consent to receiving recurring text notifications, transactional alerts, order updates and promotional content. You may opt out by replying STOP to an SMS or using the unsubscribe link. Message and data rates may apply. We may change the phone number or short code used; messages sent to outdated numbers may not be received. Your privacy rights are explained in our Privacy Policy.

18. Arbitration and Class Action Waiver Agreement
By using or purchasing Stackers Australia products or services, you agree that any controversy, claim, action or dispute arising out of these Terms, the use of the Site or any product purchase shall be resolved exclusively through binding individual arbitration. Details of arbitration procedures, opt-out rights and the class action waiver are as stated in the original clause provided to us and remain in full effect. You may opt out of arbitration within 30 days of first purchasing products by sending written notice to info@stackersau.com.au You agree that claims must be brought only in your individual capacity and not as part of any class or representative proceeding.

19. Limitation of Liability
To the extent permitted by law, Stackers Australia is not liable for indirect, incidental, punitive or consequential damages arising from use of the Services or products. Nothing in these Terms restricts your rights under Australian Consumer Law.

20. Indemnification
You agree to indemnify Stackers Australia, Shopify and their respective officers, employees, agents and service providers against claims arising from your breach of these Terms or misuse of the Services.

21. Severability
If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions continue in effect.

22. Waiver; Entire Agreement
These Terms, together with any policies referenced herein, constitute the entire agreement between you and Stackers Australia.

23. Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights at any time without notice.

24. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes will be submitted to the courts of Victoria.

25. Headings
Headings are for convenience only and do not affect interpretation.

26. Changes to Terms of Service
We may update these Terms at any time. Changes take effect when posted. Continued use of the Site constitutes acceptance.

27. Contact Information
For any questions regarding these Terms:
Stackers Australia
info@stackersaustralia.com.au

The Verge Collective Pty Ltd — ABN 56 691 572 817