Terms and Conditions

Terms of Use and Store Terms

By us, we, our we mean for Laundrie Pty Ltd (ABN 28 151 940 064) trading as Silent Theory.

You are you – website user or purchaser.

By Site we mean www.silenttheory.com.au

We have broken up our Terms & Conditions in to three parts and [here] you will find our Privacy Policy.

Terms of Use of our Website (Terms of Use)
Terms of Purchase of Goods from our Website (Store Terms)
General Terms

Part 1 - Terms of Use of our Site

You accept our Terms of Use

By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Site. Some of these Terms of Use will also relate to our social media or marketing activities.

Terms of Use may change

We amend these Terms of Use from time to time. Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms that apply at that time.

These Terms of Use were most recently updated on 02/10/2023.

Changes to our Site

We may update and change our Site from time to time to reflect changes to our goods, our users’ needs, changes in law and/or our business priorities.

Suspension or Withdrawal of our Site

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Eligibility to use our Site

Our Site is directed to users who are at least 15 years old and are residing in and using this Site within Australia. 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, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

Our Material

We are the owner or the licensee of all intellectual property rights (including trade marks and copyright) in our Site, and in the material published on it or in any other marketing material. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any pages from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content (including but not limited to our trade marks) on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.

No reliance

This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

The content on our Site, on any of our social media platforms, or in any marketing material is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site or on our social media platforms, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up-to-date.

Security / Site Risk

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

We do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our Site.

Links

We may link you to other sites. Whether we are affiliated with such sites or not does not negate your need to enter such site at your own risk and subject to the terms and conditions of use for those websites.

Links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and we are not responsible for any content or security risks associated with such sites.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must not:

contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us here.

Cookies

We use cookies to improve your experience. Cookies are small files that we store on your computer containing a unique ID number that allows us to see which computer is using our Site and we use this information to help make the most of our relationship with you and all visitors and shoppers!

Specifically, when you access our Site, we may send cookies to your computer. This helps us recognise you each time you visit. Cookies help us appreciate the type of goods you may like, enabling us to share news with you about your preferences (subject to your consent). We use cookies to measure Site traffic and patterns. We use this information so we can improve our Site and the goods we sell.

Importantly, our cookies do not collect personal information. If you do not wish to receive cookies, you can configure your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.

We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website.

Also, we may log IP addresses to analyse trends, movements, and demographic information.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
use any automatic or manual process to reverse engineer or decompile any part of the Site;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Disclaimer

As mentioned, we make no representation about the accuracy, reliability, adequacy, or completeness of our Site or in any of our social media content or in any marketing material (e.g. EDMs) (including the price of any goods). Our content may contain inaccuracies or typographical errors. We reiterate that our Site is subject to change without notice.

Limitation of Liability In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site (on in any marketing material) or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law found in the Competition and Consumer Act 2010 (Cth).

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these Terms of Use. Termination

We may terminate these Terms of Use and your access to our Site in our unfettered discretion at any time and without notice. Should we terminate our Terms of Use or terminate your use of our Site, you will no longer be invited to visit our Site and you must cease use of our Site immediately. All disclaimers, limitations of liability and indemnities set out in these Terms of Use will survive the termination.

Part 2 – Purchase Terms (Store Terms)

All purchases of Goods from the Silent Theory online store operated on our Site (the Silent Theory eStore) are subject to these Store Terms.

In addition to being bound by our Terms of Use and by ordering goods, you agree to be bound by our Store Terms.

Log-in details

You are responsible for keeping you log-in and account details safe.

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 the Terms of Use or our Store Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us here.

When buying

When buying goods in the Silent Theory Store, you must:

read and Accept our Store Terms;
provide us with your name, delivery address, phone number, email address, payment details (please see our Privacy Policy as you consent to our use of such information in accordance with this); and
you must be 18 to make purchases in the Silent Theory eStore.

After you have finished adding your goods to the cart, you will have the chance to review your order, read and accept our Store Terms, check the price, make sure all information you’ve given us is correct, and if you need, to correct any input errors.

Reviewing your order is your responsibility. Mistakes at your end may result in a delay or failure to process your order, you may be charged for incorrect quantities, or your goods being sent to the incorrect address.

Your order

Once you have reviewed and finalised your order, we will send an email to the email address you provided, acknowledging receipt of the order, and setting out details of the ordered goods. This is your offer to purchase. A contract is formed once we accept your offer to purchase.

Your offer to purchase any goods at the displayed price includes being responsible for shipping fees (unless you’ve qualified for free shipping).

All orders are subject to availability and acceptance of the offer contemplated above.

As mentioned, our Site, marketing materials, or social media posts, may contain errors or inaccuracies (including availability errors) and it may not be complete or current and we reserve the right to correct any such errors and/or refuse to fill any orders that may have placed based on incorrect information on our Site.

Any rejected offers to purchase products will be notified to you in a timely manner and any moneys paid by you will be refunded.

For each accepted offer we will supply you with the ordered goods in accordance with these Store Terms. You will receive an email from us confirming that your goods are ready for dispatch.

We will email you to confirm that your order has been dispatched (shipment confirmation email).

Promotional Codes

If you have a promotional code to redeem, it is up to you to redeem the code before it expires and to enter it where indicated when placing your order. You can only use one promotional code at a time. The terms of each promotional code will be communicated to you separate from these Store Terms (either via email or public display e.g., Facebook or Instagram). Those terms form part of these Store Terms. Promotional codes cannot be used retrospectively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes.

Price and Payment

Prices are shown in Australian dollars. Prices are subject to change. We reserve the right to correct any errors in the advertised price or description (either on this Site or in any marketing material).

You may pay the price, taxes, fees, and charges associated with any order using Mastercard, VISA, PayPal, or any other payment methods notified by us on this Site from time to time. You are responsible for adhering to the terms of your payment facilitator/institution.

If we do not receive the authorisation that the payment has been processed, we will cancel your order.

Delivery

We will only deliver products ordered through this Site to any location in Australia. The delivery charges to deliver your order to your nominated delivery address will be displayed to you when you place your order.

Risk and title to the goods pass to you on the date they are dispatched.

We may cancel any part of an order at any time including where the products in that order are not available, or where there is an error in the processing of your order, or where there is an error in the price, or any other relevant information displayed on our Site at the time of the order. We will refund the amount paid by you for any order cancelled by us where applicable.

Shipping

Please see our Shipping Policy.

Returns

Please see our Returns Policy.

Our Returns Policy only applies to goods purchased on the Silent Theory eStore. You must go to a physical store if you purchased goods in person at an Silent Theory Store.

Our Returns Policy is subject to your rights under the Australian Consumer Law.

Our Liability

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a serious/major fault and compensation for any other reasonably foreseeable loss or damage. You are entitled to a refund, replacement, or repair at our choice if the fault is minor.

Our liability shall be limited to the maximum extent permitted by law but nothing in this section is intended to exclude or limit any rights which you may have under the Australian Consumer Law.

Events beyond our control including Acts of God

We will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, pandemic, weather events, but more commonly failure of or interruption in the provision of essential services such as electricity supply, bank payment systems, or postal deliveries.

Where we are permitted to exclude such losses under the ACL or any other law, we have no liability to you or any other person for any loss of or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use (or your inability to use) of our Site or purchases made (or attempted to be made) in the Silent Theory eStore.

Termination

Without prejudice to our termination or other rights under any other provision of these Store Terms or applicable law, we may at any time prior to delivering the ordered goods to you, immediately terminate the contract for the supply of goods to you if you have breached our Terms of Use or these Store Terms and that breach is not capable of remedy or, if it is capable of remedy, and you have failed to do so on seven days’ notice.

If we terminate hereunder, we will refund any money already received for a terminated order.

Part 3: General Terms

You must adhere to our Terms of Use. We are both bound by our Store Terms. We may assign our rights and obligations under our Store Terms to anyone without your consent.

We may vary our Terms of Use or Store Terms at any time. Any changes will be effective on the date on which they are posted on the Site.

Our Store Terms and any document expressly referred to in them represents the entire agreement between you and us and supersedes any representation, prior agreement, understanding or arrangement between you and us (whether written or spoken!).

You acknowledge and agree that you have not relied on any representation, undertaking or promise given by us except as expressly stated here on this page or in our Privacy Policy.

If any provision on this page is unenforceable, illegal or void, then that provision is severed, and the rest of the provisions remain in force.

All provisions contained on this page are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and of the Commonwealth of Australia.