Terms of service

TERMS OF SERVICE

Last updated: 24 September 2026

OVERVIEW

Welcome to Mindless Merch.

Mindless Merch is owned and operated by Mindless Customs Pty Ltd ("Mindless Merch", "we", "us" or "our").

We operate this website and online store, including the information, content, features, tools, products and services made available through it (collectively, the "Services").

Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service ("Terms"), together with the policies referenced in them, describe the terms that apply when you access or use our Services or purchase products from us.

Please read these Terms carefully.

By accessing, browsing or using our Services, or placing an order with us, you agree to these Terms and our Privacy Policy.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 1 – ACCESS AND ACCOUNTS

By using the Services, you represent that you are legally capable of entering into an agreement with us or that you are using the Services with the permission of a parent or legal guardian where required.

When using our Services or making a purchase, you may be required to provide information including your name, email address, billing information, payment information and shipping information.

You agree that information you provide to us will be accurate, current and complete and that you have the right to provide that information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You must notify us if you become aware of unauthorised access to your account.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products available through Mindless Merch.

However, colours and appearance may vary depending on your screen, device, display settings, garment material, printing method and other factors.

For printed apparel, minor variations may occur between the appearance of artwork on a digital screen and the finished printed product.

Product photographs, mock-ups and digital representations are provided to help demonstrate the product and should be considered together with the relevant product description.

We may update product descriptions, specifications, availability and ranges from time to time.

We may discontinue products or limit quantities available for purchase.

Nothing in this section excludes your rights under the Australian Consumer Law, including applicable guarantees that goods correspond with their description, are of acceptable quality and are fit for applicable purposes.

SECTION 3 – CUSTOM AND PERSONALISED PRODUCTS

Certain Mindless Merch products may allow you to provide artwork, photographs, logos, names, wording, graphics or other material for printing or personalisation ("Customer Content").

You are responsible for checking the information, spelling, sizing, artwork and other details you submit before completing your order.

By providing Customer Content, you confirm that you own the content or otherwise have the necessary permission, licence or authority to provide it to us and have it reproduced for the purpose of fulfilling your order.

You must not knowingly provide Customer Content that infringes another person's copyright, trade mark or other intellectual property rights or that is otherwise unlawful.

You grant Mindless Merch and Mindless Customs Pty Ltd a limited licence to use, reproduce, resize, reposition, format and otherwise process Customer Content to the extent reasonably necessary to prepare, manufacture, print and fulfil your order.

We do not claim ownership of Customer Content merely because you submit it for a custom order.

Where a customer has approved a proof, design, spelling, placement or other customisation, we will generally produce the product according to that approval.

Custom and personalised products may not be eligible for a change-of-mind return. Please refer to our Returns, Refunds & Exchanges Policy.

Nothing in this section limits your rights where a custom product is faulty, incorrectly produced by us or otherwise fails to comply with an applicable consumer guarantee.

SECTION 4 – ORDERS

When you submit an order, you are making an offer to purchase the products in your order.

An order is subject to acceptance by Mindless Merch.

After placing an order, you may receive an automated acknowledgement or confirmation. We may subsequently contact you if there is a problem with the order, including an obvious pricing error, stock availability issue, suspected fraudulent transaction or problem preventing us from fulfilling the order.

Payment must be successfully authorised before an order can be fulfilled.

Please check your order carefully before submitting it.

Once production or fulfilment of an order has commenced, particularly for custom or personalised products, we may be unable to accommodate cancellation or alteration requests.

If we cancel an order after payment has been received and no alternative arrangement has been agreed with you, we will refund the applicable amount paid for the cancelled product.

Returns, exchanges and refunds are also subject to our Returns, Refunds & Exchanges Policy and your rights under applicable law.

SECTION 5 – PRICES AND PAYMENT

Unless otherwise indicated, prices displayed on our Australian store are in Australian dollars (AUD).

Where applicable, prices include GST unless stated otherwise.

Shipping charges and any other applicable charges will be displayed during checkout before you complete your purchase.

Prices, promotions and discounts may change from time to time.

The price applicable to an order will generally be the price displayed when the order is submitted, subject to correction of genuine errors and applicable law.

You agree to provide accurate and current payment and account information.

You represent that you are authorised to use the payment method provided for your purchase.

Promotional codes, discounts and special offers may be subject to additional conditions displayed with the applicable promotion.

SECTION 6 – SHIPPING AND DELIVERY

Delivery timeframes displayed by Mindless Merch are estimates unless we expressly state otherwise.

Shipping and delivery may be affected by carrier delays, severe weather, customs processing, public holidays, peak periods and other circumstances outside our reasonable control.

We will make reasonable efforts to fulfil and dispatch orders within the timeframes communicated to you.

Please ensure that your shipping information is correct before completing your order. If you discover an error, contact us as soon as possible at support@mindlessmerchstore.com.

Nothing in this section limits any rights you may have under the Australian Consumer Law where goods are not supplied within an agreed or reasonable time.

SECTION 7 – RETURNS, REFUNDS AND CONSUMER GUARANTEES

Our change-of-mind return arrangements are explained in our Returns, Refunds & Exchanges Policy.

These arrangements operate in addition to your rights under the Australian Consumer Law.

Goods sold by Mindless Merch come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

Depending on the circumstances and nature of a failure, you may be entitled to a repair, replacement, refund or other remedy under applicable law.

A store policy, manufacturer's warranty, sale status or other condition does not remove consumer rights that cannot lawfully be excluded.

SECTION 8 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content made available through the Services, including Mindless Merch branding, logos, graphics, website designs, original artwork, text, photographs, videos and other content, is owned by or licensed to Mindless Merch, Mindless Customs Pty Ltd or the relevant rights holder.

The Services and their content are protected by applicable copyright, trade mark and other intellectual property laws.

You may use the Services for your personal, non-commercial use.

Except where permitted by law or with our prior permission, you must not reproduce, distribute, modify, commercially exploit, republish or otherwise use our proprietary content.

Products featuring officially licensed third-party artwork, brands, characters, musicians, artists or other intellectual property remain subject to the rights of their respective owners and licensors.

Nothing in these Terms transfers ownership of any Mindless Merch, Mindless Customs Pty Ltd, Shopify or third-party intellectual property to you.

SECTION 9 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to features, applications or tools supplied by third parties.

These third-party services may be subject to separate terms and privacy policies established by their respective providers.

We do not control all aspects of third-party services and, to the extent permitted by law, are not responsible for their independent acts or omissions.

We may introduce additional features, tools or resources in the future. Unless otherwise stated, those features form part of the Services and are subject to these Terms.

SECTION 10 – THIRD-PARTY LINKS

Our Services may contain links to websites, platforms or services operated by third parties.

We do not control third-party websites and their own terms, conditions and privacy practices may apply when you use them.

You should review the relevant third party's terms and policies before purchasing products or providing personal information through an external website.

Nothing in this section excludes liability that cannot lawfully be excluded.

SECTION 11 – RELATIONSHIP WITH SHOPIFY

Mindless Merch is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Mindless Merch, operated by Mindless Customs Pty Ltd.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mindless Merch, including any injury, damage or loss resulting from purchased products and services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions made directly with Mindless Merch.

Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.

SECTION 12 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is powered by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of the Services.

For more information about Shopify's privacy practices, please review the Shopify privacy information linked through our Privacy Policy.

SECTION 13 – REVIEWS AND FEEDBACK

If you voluntarily submit reviews, comments, suggestions, photographs, feedback or other content ("Feedback"), you grant us permission to use that Feedback for reasonable business purposes, including operating, improving and promoting Mindless Merch.

You represent that you have the necessary rights to submit the Feedback and that its use in accordance with these Terms will not knowingly infringe another person's rights.

Feedback must not contain unlawful, defamatory, abusive or malicious content or malicious software.

We may moderate or remove Feedback where reasonably necessary, including where it violates these Terms or applicable law.

Nothing in this section transfers ownership of custom artwork submitted solely for the fulfilment of a personalised order. Customer Content submitted for custom printing is governed by Section 3.

SECTION 14 – ERRORS AND INACCURACIES

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, availability or shipping information.

We may correct genuine errors and update information when identified.

If an error materially affects an order you have already placed, we may contact you to explain the issue and provide appropriate options.

Nothing in this section permits us to avoid obligations imposed by applicable consumer law.

SECTION 15 – PROHIBITED USES

You must use the Services only for lawful purposes.

You must not use the Services to:

  • engage in unlawful, fraudulent or malicious activity;

  • infringe our intellectual property rights or those of another person;

  • harass, threaten or unlawfully abuse another person;

  • provide deliberately false or misleading information;

  • distribute malicious software or code;

  • impersonate another person or organisation;

  • unlawfully collect personal information about others;

  • interfere with the operation or security of the Services;

  • circumvent security or access-control measures; or

  • use automated systems to access or extract information from the Services in a manner that violates applicable law, these Terms or technical restrictions we have reasonably implemented.

We may restrict or suspend access where reasonably necessary to protect the Services, our customers or our legal rights.

SECTION 16 – AUTOMATED AGENTS

If software or an automated or semi-automated service ("Agent") accesses or interacts with the Services, it must comply with applicable technical restrictions and these Terms.

Agents must not intentionally disguise automated activity as human activity, circumvent CAPTCHAs or other access controls, or evade technical measures designed to manage automated access.

We may implement reasonable technical measures to restrict automated access to our Services.

SECTION 17 – TERMINATION

You may stop using the Services at any time.

We may suspend or terminate access to the Services where reasonably necessary, including where we reasonably believe there has been a material breach of these Terms, unlawful activity, fraud, misuse or a security risk.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature are intended to continue after termination will continue to apply.

SECTION 18 – SERVICE AVAILABILITY AND WARRANTIES

We aim to keep our website and Services available and accurate but cannot guarantee that the website will always operate uninterrupted or without technical errors.

Temporary interruptions may occur due to maintenance, technical issues or circumstances outside our reasonable control.

To the maximum extent permitted by law, any warranties or conditions that may lawfully be excluded are excluded.

Nothing in these Terms excludes, restricts or modifies the consumer guarantees, rights or remedies provided by the Australian Consumer Law or any other applicable law where those rights cannot lawfully be excluded, restricted or modified.

SECTION 19 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Mindless Merch and Mindless Customs Pty Ltd will not be liable for indirect or consequential loss arising from use of the Services where that liability may lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies liability, rights or remedies where doing so would be unlawful.

In particular, nothing in these Terms is intended to exclude or restrict rights or remedies available under the Australian Consumer Law.

SECTION 20 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Mindless Customs Pty Ltd against losses, liabilities, damages or reasonable costs arising directly from:

  1. your material breach of these Terms;

  2. your unlawful use of the Services;

  3. your infringement of another person's intellectual property or other legal rights through Customer Content you provide; or

  4. fraudulent or deliberately unlawful conduct by you.

This section does not require you to indemnify us for loss caused by our own unlawful conduct, negligence or breach of applicable law to the extent such liability cannot lawfully be transferred or excluded.

SECTION 21 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to apply.

SECTION 22 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, this does not mean that we waive that right.

These Terms, together with policies incorporated into them, constitute the agreement between you and us concerning your use of the Services, subject to any rights and obligations arising under applicable law.

SECTION 23 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent where consent is reasonably required.

We may transfer our rights and obligations in connection with a legitimate sale, transfer or restructuring of our business, subject to applicable law.

SECTION 24 – GOVERNING LAW

These Terms are governed by the laws applicable in New South Wales, Australia, and the laws of the Commonwealth of Australia that apply there.

The parties submit to the jurisdiction of courts having jurisdiction in New South Wales and applicable Commonwealth courts.

Nothing in this section limits any rights a consumer may have under applicable consumer protection legislation.

SECTION 25 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.

The current version will be published on our website together with the date it was last updated.

Where required by applicable law, we will provide appropriate notice of material changes.

SECTION 26 – CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Mindless Merch
Operated by Mindless Customs Pty Ltd
Email: support@mindlessmerchstore.com