Terms and Conditions

These Terms and Conditions constitute a legally binding contract between the customer (“you” and “your”) and Shade of the Vine Pty Ltd ACN 634 336 146 (“Vine Apparel” “us”, “we, and “our”) and apply to the ordering, purchase, and delivery of Items (“Items”) from www.vineapparel.com (“Site”). By placing an order via our Site you agree to be bound by these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order.

1. We May Make Changes To These Terms

We reserve the right to amend these Terms and Conditions at any time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

These terms were most recently updated on July 10, 2025.

The Terms and Conditions that were displayed on our Site at the time you placed your order will apply to your order.

2. Eligibility To Use Our Site

Our Site is directed to users who are 18 years of age or older and are residing in and using this Site within Australia and New Zealand. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia or New Zealand, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

3. Account

If you create an account with us via our Site prior to placing an order, please ensure you enter all the information carefully. You warrant all the information you provide to us is true and accurate and you warrant you have not provided false information or have impersonated someone else.

You must not set up an account for someone else. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at privacy@vineapparel.com.

Except to the extent otherwise required by law, we will not liable to you, or any other person, for any loss or damage as a direct or indirect result of:

1. your account information being incomplete or inaccurate; or
2. any unauthorised use of your password or account.

4. Orders

An order submitted via your account (or via guest user option) on the Site is an offer to purchase the Items for the advertised purchase price, plus any delivery charges. We may accept or reject your offer in our absolute discretion. Without limitation, we may reject orders for commercial quantities of Items. If you wish to order commercial quantities of Items please contact stock@vineapparel.com.

You warrant all the information provided by you in relation to each order is complete, true, and correct. You warrant you have checked the order before submitting for payment (including the quantity of Items ordered). We do not accept responsibility for any incorrect orders, including but not limited to the exchange of Items.

If you place an order for someone else to receive the Items, you must first obtain their consent before providing us with their personal information, and when you place the order, you confirm you have done this.

5. Availability Of Items

We cannot guarantee the availability of certain Items at all times, and we reserve the right to suspend or withdraw the sale of any Items advertised on our Site, either temporarily or permanently without notice to you. Except to the extent permitted by law, we will not be liable to your or any other person for any loss or damage suffered as a direct or indirect result of unavailability of our Items.

6. Product Description

We cannot guarantee the colour our Items will be exactly as they appear to you on our Site as the colour appearance may vary slightly depending on the device you use. We will use our best endeavours to ensure the details and description of the Items advertised on our Site are accurate and up to date.

7. Pricing And Payment

We reserve the right to change our advertised pricing of Items on our Site at any time without notice to you.

By placing an order on our Site you agree to pay us:

1. the advertised price for the Items;
2. any delivery charges;
3. any merchant fees for processing the payment of the Items; and
4. GST, which is included in the advertised price and delivery charges.

Items that you have ordered will not be dispatched until your payment has been processed by us.

8. Cancellation Of Orders

We reserve the right to cancel your order any time before the anticipated delivery date, and for any reason, including but not limited to:

1. if we are unable to process payment from your nominated payment method;
2. our suppliers are unable to supply the Items they previously promised to supply or we are out of stock;
3. an event beyond our control including but not limited to a pandemic, epidemic, war, act of God, storm, fire, flood, issues with our delivery partners, failure of our IT systems, earthquake, or terrorist event; or
4. we agree with you to cancel an order at your request.

If we cancel your order, we will notify you via email as soon as reasonably practical.

Except otherwise permitted by law, we will not be liable to you or any other person for any loss or damage suffered directly or indirectly from the cancellation of your order.

Chargeback Policy and Account Suspension

a. If a chargeback is initiated by the customer we reserve the right to suspend or ban the customer’s account. This action may be taken to protect both parties and to ensure the integrity of our business transactions. The account will remain suspended until the chargeback issue is resolved and payment is received in full.

b. Failure to resolve the chargeback may result in the permanent banning of the account, and the customer may be held liable for any costs or fees incurred as a result of the chargeback.

We strongly encourage customers to reach out immediately to resolve any payment issues to avoid disruption of service.

9. Shipping

If you place separate orders, each order will be delivered separately, and a separate delivery charge will apply to each. If you purchase multiple items in the same order, we will aim to dispatch them together where practical.

We will ship your Items in accordance with our Shipping Policy, which forms part of these Terms and Conditions. 

NOTE: During SALE PERIODS there could be extended delays in processing and dispatching your order. Although we work incredibly hard to get your order processed, standard shipping times can be extended to up to 7 business days during SALE PERIOD. This is reflected in our Shipping Policy.

10. Order Protection Guarantee

At checkout you may have the option to purchase Order Protection for an additional fee. Order Protection provides an expedited and simplified resolution process for delivery issues that occur after your order has left our warehouse.

Order Protection is a non-refundable service. Once an order has been dispatched, the Order Protection fee cannot be refunded, even if no claim is made.

If you purchase Order Protection and your Items are lost or damaged in transit, we will send out a replacement as quickly as possible. If the Items are no longer in stock, we will refund the cost of the affected Items.

If tracking shows your Items as delivered (including where you have selected Authority to Leave), but you believe they have been delivered to the wrong address or have gone missing after the delivery scan, we may need to open an investigation with the carrier before a replacement or refund can be arranged. This requirement applies whether or not you have purchased Order Protection.

Claims under Order Protection for lost or damaged Items must be lodged with us within 21 days of the earlier of:

• the date the Items were shown as delivered in the tracking; or
• the last day of the estimated delivery timeframe provided in our Shipping Policy.

If you do not purchase Order Protection, you are still entitled to all rights and remedies provided under the Australian Consumer Law. We will continue to assist you and work with the carrier to investigate and resolve delivery issues such as lost, delayed, damaged or misdelivered Items in accordance with our legal obligations.

However, please note that carrier investigations can take time, and in some cases may take significantly longer to resolve compared to the expedited process available under Order Protection.

Disclosure: Order Protection is an optional service offered by Vine Apparel. It does not replace or limit your rights under the Australian Consumer Law, which apply to all purchases whether or not you choose to purchase Order Protection.

11. Delivery

Title to the Items will pass to you on the date you pay for the order in accordance with these Terms and Conditions and we have accepted that order. Risk in the Items passes on delivery of the Items to the delivery address provided in your Order. If you authorise delivery without a signature, you accept the safety of your order once it has been delivered.

If you are unavailable to accept delivery of your Items, they may be taken to a local depot or post office, and a calling card with the relevant contact details will be left at the delivery address. If you do not collect your Items within the timeframe stated on the calling card, and your Items are returned to us (or returned to us for any other reason, including but not limited to an incorrect delivery address), then you will need to pay the delivery charges again to have the Items resent.

Items will only be delivered to locations as per our Shipping Policy.

We aim to dispatch your Items within 3 to 5 business days  of your order being processed, but in some cases this may take longer. The estimated delivery times for receipt of your Items is contained in our Shipping Policy. You acknowledge the timeframes in the Shipping Policy are estimates only and we cannot guarantee delivery or availability of Items within those specified timeframes, as there may be events outside our control that impact the delivery timeframes.

Following dispatch of your Items, we will email you shipping confirmation.

12. Gift Cards

These terms and conditions govern your purchase and use of VINE APPAREL gift cards and eGift cards (together, gift cards). By purchasing or using a gift card, you indicate you have read, understood and accept these terms and conditions.

If you have any questions about these terms and conditions, please contact us here or at (02) 9984 1824.

1. Purchasing a gift card

13. Refunds And Returns

Not Eligible for Return

Some Items are not eligible for return or exchange. Where this applies, it will be clearly indicated on the product page and/or at checkout as “Not Eligible for Return – See T&Cs”.

Items that are not eligible for return may include, but are not limited to:

• Clearance, end-of-line, or end-of-life products, including selected sale items
• Items excluded from returns for hygiene or health reasons
• Accessories or jewellery that cannot be returned once worn or used
• Bundles, multi-buy promotions, or promotional packs
• Customised, made-to-order, or altered Items
• Limited-run, sample, or clearance Items
• Gift cards or digital products

These Items cannot be returned or exchanged unless they are faulty or do not meet consumer guarantees under Australian Consumer Law.

Faulty Items

If the Items you have purchased are faulty, damaged, or not as described, you should submit a faulty return request via our online returns portal within 30 days of delivery. This is the quickest way for us to review the issue and arrange a resolution.

If you’re unable to use the returns portal or need assistance, please contact our customer happiness team within 30 days of delivery at customercare@vineapparel.com

Where an Item is assessed as faulty or does not meet consumer guarantees under Australian Consumer Law, we will offer a repair, replacement, or refund as required by law.

Nothing in these Terms and Conditions limits or excludes your rights under Australian Consumer Law.

Non-Faulty Returns

Items that are not faulty may only be returned or exchanged in accordance with our Returns Policy, which forms part of these Terms and Conditions.

Return eligibility, timeframes, conditions, and any applicable fees are set out in our Returns Policy, available at https://www.vineapparel.com/pages/returns

We recommend reviewing the Returns Policy carefully before submitting a return request.

For change-of-mind returns, original shipping fees are non-refundable.

Refunds

Where a return is approved, you will be offered a refund to the original payment method or a store credit, in accordance with our Returns Policy.

Refunds will be made in Australian dollars only.

Except as required by law, we will not be responsible for any loss or damage you or a third party may suffer as a direct or indirect result of:

• delays in receiving a refund; or
• differences in exchange rates between the time of purchase and the time of refund.

14. Testimonials

Testimonials published on our Site do not represent our typical customer experience and they are not intended to represent or guarantee that you will have a similar experience with any Items you purchase from us.

15. Privacy Policy

When you place an order on our Site you consent to us collecting, using, handling, storing, and disclosing of your personal information in accordance with our Privacy Policy.

16. User Generated Content

You acknowledge and agree to automatically assign all intellectual property rights in any photos you submit to us directly, via our website with your online reviews or to us via social media platforms we use. You acknowledge you are the intellectual property owner of any photos you submit to us and you indemnify and keep us indemnified against any claim made by a third party for breach of any Intellectual Property Rights associated with the photos.

By uploading, publishing, transmitting or making available any data, content or other material to Vine Apparel including but not limited to, sharing posts, posting, publishing or uploading comments, reviews, images, photos, content or any other material to our Websites (User Content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”), your name, likeness, personality, voice or any other materials or information you provide to Vine Apparel in connection with your consent. The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances Vine Apparel may also share your contribution with trusted third parties.

Rights and liability of Vine Apparel in relation to User Content,

1. To pre-screen, review, control, monitor, reject, delete or edit User Content for any or no reason in our sole discretion. However, Vine Apparel is not obliged to do so,
2. You acknowledge and agree that Vine Apparel does not control, take responsibility for, or assume any liability for, any content submitted by you, or other users of the Services or any third parties, and that Vine Apparel is not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  You agree to release Vine Apparel and its agents and officers and employees from any such claims or liability and acknowledge that the User Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether it is identified as being copyrighted,
3. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Site or the public, or could create liability for Vine Apparel,
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site,
5. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section. 

If you do not want to grant Vine Apparel the permission set out above on these terms, please do not submit User Content.  

17. Promotions

During a site-wide sale period, all eligible items are automatically reduced by the nominated discount amount. No discount code is required at checkout, as the discount has already been applied to the recommended retail price (RRP) of each item.

Automatic discounts do not work in conjunction with any other offer or discount code. Promotional codes issued outside of a site-wide sale period will not be valid during that sale and may be used once the site-wide sale has ended.

Welcome Discount
The welcome discount is limited to one redemption per customer and is available to new customers only, including customers who receive the offer via on-site sign-up forms, pop-ups, or email. A minimum spend of $50 AUD (before shipping) is required to qualify. The welcome discount cannot be used in conjunction with any other discounts, promotions, or offers. It is not transferable and is not redeemable for cash.

Anniversary Discount
An anniversary discount code may be issued to customers on the anniversary of their first completed order. This discount is limited to one redemption per customer, is valid for the intended recipient only, and must be used with the same email address to which the code was sent. The anniversary discount cannot be used in conjunction with any other discounts, promotions, or offers and cannot be applied to sale items, unless expressly stated otherwise. It is not transferable and is not redeemable for cash.

Email-Triggered Discounts
Discount codes issued via automated email communications are issued at our discretion and are intended for the recipient only. These discounts are limited to one redemption per customer, must be used with the same email address to which the code was sent, and cannot be used in conjunction with any other discounts, promotions, or offers. Unless expressly stated otherwise, these discounts cannot be applied to sale items and are not redeemable for cash.

All discount codes are single-use per customer and cannot be reused or applied multiple times. Discount codes cannot be applied to sale items unless expressly stated otherwise.

Bundle Promotions
From time to time, Vine Apparel may offer bundle promotions where multiple items are sold together for a single promotional price.

Refunds
Refunds are not available for shorted items in bundle promotions where the item was provided at no additional charge. Requests for refunds in these circumstances will not be approved, and a gift card will be offered instead.

Gift cards issued under bundle promotions:

• • Are issued electronically
  • Can be used online or in store
  • Are valid for 3 years from the date of issue
  • Are not redeemable for cash

These terms apply in addition to your rights under Australian Consumer Law.

18. Refer a Friend

We use a third-party provider to manage our Refer a Friend Program. Please review their terms of service here: Loox Terms and Conditions.

19. $500 Monthly Prize Draw

1. Eligibility: Open to residents of Australia and New Zealand and aged 18 years or over who are subscribed to the Vine Apparel mailing list with a valid, marketable email address. This includes both new and existing subscribers. One entry per person. Employees of Vine Apparel and their immediate families are not eligible to enter.
2. How to Enter: No purchase is necessary. Entry is automatic upon subscribing to our mailing list and remains valid while the subscriber is opted in to receive marketing communications from Vine Apparel.
3. Draw Details: One winner is drawn at random each calendar month from all eligible entries. Draws are conducted at Vine Apparel’s main office. Winners are announced via Vine Apparel’s Facebook and Instagram accounts within 5 business days of the draw, and contacted via email. If the prize is not claimed within 14 days, the prize is forfeited. The prize is a $500 Vine Apparel gift card, valid for 3 years from the date of issue.
4. General Conditions: The prize is not transferable, exchangeable or redeemable for cash. We may verify entrant identity and disqualify any entries that do not comply with these Terms. Vine Apparel is not responsible for any technical issues, including email delivery failures. By entering, winners consent to the publication of their first name and state/territory for promotional purposes.
5. Compliance: This promotion is a game of chance and complies with NSW Fair Trading’s trade promotion lottery rules. No permit is required as the total prize pool does not exceed the applicable threshold. These terms may be updated at any time, subject to compliance with Australian Consumer Law and other relevant regulations.

20. SMS

By providing your mobile number and opting in to SMS communications, you agree to receive messages from Vine Apparel, including promotional offers, updates, reminders, and service notifications related to your purchases or account activity.

Message frequency may vary. We do not charge for sending or receiving SMS messages, but standard message and data rates may apply depending on your mobile plan and carrier. You are responsible for any such charges.

You can unsubscribe from marketing messages at any time by replying STOP to any message you receive, or by contacting our team at customercare@vineapparel.com. You may continue to receive transactional messages (e.g. order updates) even after unsubscribing from marketing.

To the extent permitted by law, Vine Apparel is not liable for any delayed, misdirected, or undelivered SMS messages, or for any actions you take in reliance on such messages. We may change the phone number or SMS sender name we use without prior notice, and you acknowledge that responses sent to outdated numbers may not be received.

21. Jurisdiction

These terms and conditions are governed by the laws of New South Wales, Australia and you agree the courts in NSW will have exclusive jurisdiction. 

If you have any questions about these Terms and Conditions, please email us at customercare@vineapparel.com