Terms of service

Culture of the Sun ABN 88 513 037 647 Torquay, VIC 3228, Australia hello@cultureofthesun.com.au

Last updated: 24 July 2026

Overview

Culture of the Sun (ABN 88 513 037 647) is a sole trader business operating this store and website, including all related information, content, features, tools, products and services (the "Services"). "We", "us" and "our" refer to Culture of the Sun. The store is powered by Shopify.

These Terms of Service, together with our Privacy Policy, Shipping Policy, Refund Policy and Legal Notice, describe your rights and responsibilities when you use the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Where anything in these Terms conflicts with the Australian Consumer Law, the Australian Consumer Law applies.

By using the Services, you agree to these Terms and our Privacy Policy.

1. Access and account

By agreeing to these Terms, you confirm you are at least the age of majority in your state or territory.

To place an order you may need to provide your email address, billing, payment and shipping information. You agree the information you provide is accurate and current.

You are responsible for keeping your account credentials secure. You may not transfer, sell or assign your account to another person.

2. Our products

Each piece is individually hand-cast and made to order in sterling silver.

Each piece is polished and finished by hand, and the cast texture is deliberately retained rather than polished out. Surface texture, patina depth, marks and small variations between pieces are intentional characteristics of the work. No two pieces are the same. The photographs on each product page show a representative example — the piece you receive will differ from the piece photographed. This is disclosed before purchase, and variation within this range is not a defect.

This does not affect your rights if a piece arrives faulty, damaged, or so different from what was described that it is not reasonably what you ordered. See our Refund Policy.

Colours and appearance may also differ from how they appear on your screen, depending on your device and its settings.

We may change product descriptions, discontinue products, or limit quantities at any time. Changes do not affect orders we have already accepted — those are fulfilled on the terms and at the price that applied when the order was accepted.

3. Orders

When you place an order you are making an offer to purchase. We may accept or decline an order at our discretion, including where a product is unavailable, where there is a pricing error, or where we reasonably suspect fraud. Your order is accepted when we confirm acceptance by email.

We may require payment to clear before accepting an order.

If we decline or cancel an order after you have paid, we will refund you in full within 5 business days and notify you using the contact details you provided.

All pieces are made to order. Please allow 7–14 business days for casting, finishing and dispatch, in addition to shipping transit time. See our Shipping Policy for what happens if we run late.

Returns and exchanges are covered by our Refund Policy. Nothing in that policy or these Terms limits your rights under the Australian Consumer Law.

You confirm your purchases are for your own personal or household use, and not for commercial resale or export.

4. Prices and billing

All prices are in Australian dollars (AUD). We are not registered for GST, so no GST is charged on your order. Standard shipping within Australia is free — the price shown is the price you pay.

The price you pay is the price displayed when you place your order, and is confirmed in your order confirmation email. We will not change the price of an order after we have accepted it.

Prices, discounts and promotions may change from time to time. Changes do not apply retrospectively to orders already placed.

You agree to provide accurate payment information and confirm you are authorised to use the payment method you provide.

We will issue you a receipt showing our name, ABN, the date, what you purchased and the total price. Because we are not registered for GST, this is a receipt rather than a tax invoice and no GST component is shown.

5. Shipping and delivery

We ship within Australia only.

Delivery timeframes are estimates and are not guaranteed. We are not responsible for delays caused by Australia Post or by events outside our reasonable control — but we will keep you informed and help you chase a late parcel.

Your piece remains our responsibility until it is delivered to you. If a parcel is lost in transit or arrives damaged, you are entitled to a replacement or a refund at no cost to you.

Where you give Australia Post authority to leave a parcel, nominate a safe drop or unattended location, or provide an incorrect delivery address, delivery is complete once tracking records it, and we cannot be responsible for loss or damage occurring after that point. See our Shipping Policy.

6. Intellectual property

Our trademarks, brand, text, images, graphics, video, audio and the design and arrangement of the Services are owned by Culture of the Sun or its licensors, and are protected by Australian and international intellectual property law.

You may use the Services for your personal, non-commercial use. You must not reproduce, distribute, modify, republish or commercially exploit material from the Services without our written consent.

Nothing here prevents you from using material in a way permitted by the Copyright Act 1968 (Cth), including fair dealing.

7. Chat assistant on this site

We use an automated chat assistant on the Services to answer common questions.

The assistant provides general information only. It cannot approve a return, refund, exchange, discount or any exception to these Terms, and nothing it says creates a contract, guarantee or entitlement.

Where anything the assistant says differs from our published Privacy Policy, Shipping Policy, Refund Policy or these Terms, the published policies apply. If you need a binding answer, email hello@cultureofthesun.com.au.

Nothing in this section limits your rights under the Australian Consumer Law, including your right to rely on representations we make about our products.

8. Third-party tools and links

The Services may include tools, functionality or links provided by third parties. We don't control these and provide access to them as-is. Where the law allows, we're not responsible for third-party tools or websites — but this does not limit any liability we have to you under the Australian Consumer Law.

Please review the third party's own terms and privacy practices before using their tools.

9. Relationship with Shopify

The store runs on Shopify. Any sale or purchase you make is directly with Culture of the Sun. Shopify is not a party to the sale.

10. Privacy

Personal information we collect is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth) and Australian Privacy Principles, where they apply to us.

11. Feedback and reviews

If you send us ideas, suggestions, reviews or other content ("Feedback"), you grant us a non-exclusive, royalty-free licence to use, reproduce and display that Feedback for the purpose of operating and promoting the Services. You keep ownership of your Feedback.

You confirm your Feedback is your own, doesn't infringe anyone else's rights, and isn't unlawful, abusive or misleading. We may remove Feedback that breaches these Terms.

12. Errors and inaccuracies

Occasionally there may be typographical errors or inaccuracies in product descriptions, pricing, shipping charges or availability. We may correct these.

If we discover a genuine pricing error after you have ordered, we will contact you before doing anything — you can choose to proceed at the corrected price or cancel for a full refund. We will not silently charge you a different price than the one you agreed to.

13. Acceptable use

You may use the Services for lawful purposes only. You must not:

use the Services for any unlawful or malicious purpose
infringe our intellectual property or anyone else's
harass, abuse, defame or threaten any person
transmit false or misleading information
send spam or unsolicited promotional material
impersonate another person or entity
upload viruses or malicious code
collect or track other people's personal information
interfere with, bypass or circumvent our security measures

We may suspend or terminate access where we reasonably believe you have breached this section. Where practical we'll give you notice and an opportunity to explain.

14. Automated agents

This section applies if you deploy software that accesses the Services autonomously or semi-autonomously on your behalf ("Agent").

Agents must identify themselves in the user agent string of every request as Agent/[agent name], must not disguise themselves as human, must answer truthfully if asked whether they are automated, must not complete or bypass CAPTCHAs, and must not circumvent measures we use to control automated access.

We may limit or block Agent access by technical means.

15. Termination

We may end your access to the Services where you have breached these Terms, or where we cease trading. Where practical, we'll give you reasonable notice.

If we terminate your access, we will still fulfil or fully refund any order we have already accepted.

Sections that by their nature should survive termination — intellectual property, feedback licence, liability, governing law — continue to apply.

16. Disclaimers

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this section limits those guarantees. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure is not major.

Subject to that: general information on the Services is provided for information purposes and we don't warrant it is complete or error-free. We don't guarantee the Services will be uninterrupted or free of faults.

17. Liability

Nothing in this section excludes or limits any liability that cannot be excluded or limited under the Australian Consumer Law or any other law.

Subject to that, and to the extent permitted by law:

our total liability to you in connection with any product is limited, at our option, to replacing the product, supplying an equivalent product, repairing the product, or refunding the price you paid
we are not liable for indirect or consequential loss, loss of profits, or loss of data
we are not liable for loss caused by events outside our reasonable control

18. Indemnity

You are responsible for any loss we suffer that is directly caused by your unlawful use of the Services, or by your infringement of our intellectual property or a third party's intellectual property.

This does not apply to the extent the loss was caused by our own act, omission or negligence, and it does not apply to ordinary use of the Services or to any dispute about a product you have purchased.

19. Severability

If any provision of these Terms is found to be unlawful or unenforceable, that provision is severed and the rest of the Terms continue to apply.

20. Waiver and entire agreement

Our failure to enforce any provision is not a waiver of it.

These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy and Legal Notice, form the entire agreement between us in relation to the Services.

21. Assignment

You may not assign these Terms without our written consent. We may assign these Terms as part of a sale or transfer of the business, provided your rights are not reduced.

22. Governing law

These Terms are governed by the laws of Victoria, Australia. You and Culture of the Sun submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. This does not affect any right you have to bring a claim in the courts of, or to a consumer tribunal in, the state or territory where you live.

23. Changes to these Terms

We may update these Terms. The current version is always on this page, and we'll update the "last updated" date.

Changes are not retrospective. Any order you have already placed is governed by the Terms that applied at the time you placed it. If we make a material change, we'll give you notice in accordance with the law.