Terms of service

Aqua Element – Terms of Service

Last updated: [Insert date]
These Terms of Service (“Terms”) govern your use of the Aqua Element website https://www.aquaelement.com.au (“Site”) and any purchases you make from us. By accessing or using our Site, you agree to be bound by these Terms.
If you do not agree with these Terms, please do not use our Site.

1. About Us

Aqua Element designs and sells boys’ swimwear and related products for competitive and recreational swimmers. References to “we”, “us” and “our” in these Terms mean Aqua Element.

2. Use of the Site

  • You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use of the Site by, any third party.
  • You must not attempt to interfere with the proper working of the Site, including by introducing viruses, malicious code, or using automated systems to access the Site.
We may suspend or terminate your access to the Site at any time if we reasonably believe you have breached these Terms.

3. Products and Orders

3.1 Product Information

We aim to provide accurate descriptions, sizing information, and images of our products. However:
  • Colours may vary slightly due to screen settings and lighting.
  • All sizes and measurements are approximate and intended as a guide only.

3.2 Pricing and Availability

  • All prices are listed in Australian dollars (AUD) and include GST where applicable.
  • We may change prices, products, and availability at any time without notice.
  • An order is not accepted until we have received payment and sent you an order confirmation.
If there is an error in pricing or product information, we may cancel or refuse an order and will contact you to offer a refund or alternative.

3.3 Payment

We accept the payment methods displayed at checkout. By providing payment details, you confirm that you are authorised to use the selected payment method.

4. Shipping and Delivery

  • Shipping options, costs, and estimated delivery times are displayed at checkout and may vary by location.
  • Delivery times are estimates only and are not guaranteed.
  • Risk in the products passes to you once they are delivered to the address you provide.

5. Returns, Exchanges and Refunds

Our Returns & Exchanges Policy forms part of these Terms. By purchasing from us, you agree to that policy.
In summary:
  • Items may be returned or exchanged within 14 days of delivery, provided they are unworn, unwashed, in original condition, and have all tags and hygiene labels attached.
  • Customers are responsible for postage costs to return items, except where goods are faulty or incorrect.
  • For faulty or incorrect items, we will comply with our obligations under Australian Consumer Law, which may include repair, replacement, or refund.
For full details, please refer to our Returns & Exchanges Policy on the Site.

6. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.
Where we are permitted to limit our liability, and where it is fair and reasonable for us to do so, our liability will be limited, at our option, to:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods; or
  • the payment of the cost of replacing or repairing the goods or acquiring equivalent goods.

7. Intellectual Property

  • All content on the Site, including logos, designs, images, text, graphics, and layout, is owned by or licensed to Aqua Element and is protected by intellectual property laws.
  • You may not reproduce, distribute, modify, or use any content from the Site without our prior written permission, except for personal, non‑commercial use.

8. Privacy

We collect, use, and store your personal information in accordance with our Privacy Policy. By using the Site or placing an order, you consent to our handling of your personal information as described in that policy.

9. Third‑Party Links

The Site may contain links to third‑party websites. These links are provided for convenience only. We do not control and are not responsible for the content, policies, or practices of any third‑party sites, and your use of those sites is at your own risk.

10. Limitation of Liability

To the maximum extent permitted by law:
  • We are not liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with your use of the Site or purchase of products from us.
  • We are not responsible for any loss or damage caused by events beyond our reasonable control, including delays in delivery, interruptions to the Site, or technical issues.

11. Changes to These Terms

We may update these Terms from time to time. The updated Terms will apply from the date they are posted on the Site. Your continued use of the Site after any changes means you accept the updated Terms.

12. Governing Law

These Terms are governed by the laws of Queensland, Australia. You agree to submit to the non‑exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

13. Contact Us

If you have any questions about these Terms, our products, or your order, please contact us at: