Terms of service

Welcome to Sperè. These Terms & Conditions govern your access to and use of our website, products and services. By visiting our website, browsing our store or purchasing from Sperè, you agree to be bound by these Terms & Conditions, together with any policies linked on our website, including our Shipping Policy, Returns Policy and Privacy Policy.

Throughout these Terms, “Sperè”, “we”, “us” and “our” refer to Sperè. “You” and “your” refer to the customer, user or visitor of our website.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

1. ONLINE STORE TERMS

By using our website, you confirm that you are at least the age of majority in your state, territory or country of residence, or that you have consent from a parent or guardian to use this website.

You must not use our website or products for any unlawful, fraudulent or unauthorised purpose. You must not interfere with the security, functionality or operation of our website, including by transmitting viruses, harmful code, spam or other disruptive material.

We reserve the right to refuse service, cancel orders or restrict access to our website where we reasonably believe these Terms have been breached.

2. PRODUCT INFORMATION

Sperè offers swimwear, resortwear and related products. We make every effort to display product descriptions, colours, sizing, imagery and details as accurately as possible. However, colours may appear slightly different depending on your device, screen settings or lighting.

All product descriptions, prices and availability are subject to change without notice. We reserve the right to discontinue any product at any time.

Some pieces may be produced in limited quantities. Availability is not guaranteed until your order has been confirmed.

3. SIZING, FIT AND CARE

Our size guides are provided to help you choose the best fit, but they are general guides only. Fit may vary depending on the style, cut, fabric and individual body shape.

You are responsible for checking the product details, size guide and care instructions before purchasing. Swimwear and delicate resortwear should be treated with care. Damage caused by misuse, incorrect washing, rough surfaces, chlorine, sunscreen, oils, fake tan, excessive heat or failure to follow care instructions may not be considered a manufacturing fault.

4. ORDERS

When you place an order with Sperè, you agree to provide current, complete and accurate information, including your name, shipping address, billing details, email address and payment information.

Once an order is placed, we may not be able to amend or cancel it before dispatch. If you have made an error, please contact us as soon as possible at spere@spereswim.com.au. While we will do our best to assist, changes cannot be guaranteed.

We reserve the right to refuse, limit or cancel any order, including where we suspect fraud, unauthorised activity, incorrect pricing, stock errors, reseller activity or breach of these Terms.

If we cancel or amend an order, we will attempt to notify you using the contact details provided at checkout.

5. PRICING AND PAYMENT

All prices are listed in AUD unless otherwise stated. Prices are subject to change without notice.

Payment must be made in full at checkout using the payment methods available on our website. By submitting payment information, you confirm that you are authorised to use the selected payment method.

We are not responsible for any fees charged by your bank, card provider, payment provider or currency conversion service.

6. PROMOTIONS, DISCOUNT CODES AND GIFT CARDS

Promotional codes, discounts and offers are valid only for the period stated and may be subject to additional conditions. Unless otherwise stated:

  • only one discount code may be used per order;

  • discount codes cannot be applied to previous purchases;

  • discounts cannot be exchanged for cash;

  • discounts may exclude sale items, final sale items, gift cards, shipping fees or selected collections;

  • promotional offers are subject to stock availability; and

  • Sperè reserves the right to amend, suspend or withdraw promotions at any time.

Gift cards, are subject to the terms listed at the time of purchase and cannot be redeemed for cash unless required by law.

7. SHIPPING AND DELIVERY

Shipping timeframes provided on our website are estimates only. Delivery times may vary due to courier delays, customs processing, public holidays, peak periods, incorrect addresses or circumstances outside our control.

You are responsible for providing accurate delivery information. Sperè is not responsible for orders delayed, lost or returned due to incorrect or incomplete shipping details.

Risk in the products passes to you once the order has been delivered to the address provided, unless otherwise required by law.

For more information, please refer to our Shipping Policy.

8. INTERNATIONAL ORDERS, DUTIES AND TAXES

For international orders, you may be responsible for customs duties, import taxes, handling fees or other charges imposed by your country. These charges are not included in the product price or shipping fee unless expressly stated.

Sperè is not responsible for customs delays, duties, taxes or fees. If you refuse to pay applicable duties or taxes and the parcel is returned to us, any refund or store credit will be assessed in accordance with our Returns Policy and may exclude shipping fees or return costs where permitted by law.

9. RETURNS AND EXCHANGES

Returns and exchanges are handled in accordance with our Returns Policy.

Due to hygiene reasons, swimwear must be tried on over underwear and returned in its original condition, unworn, unwashed and with all tags, hygiene stickers and packaging intact, unless the item is faulty or otherwise required by law.

Change-of-mind returns may be subject to conditions, including return timeframes, item condition and proof of purchase. Sale items, promotional items or final sale items may have different return conditions, as stated at the time of purchase.

Nothing in these Terms or our Returns Policy excludes or limits your rights under Australian Consumer Law.

10. FAULTY ITEMS AND AUSTRALIAN CONSUMER LAW

Our products come with guarantees that cannot be excluded under Australian Consumer Law. If an item has a major failure, you may be entitled to a refund, replacement or repair. If the failure is minor, we may choose to repair, replace or refund the item.

If you believe your item is faulty, please contact us at spere@spereswim.com.au within a reasonable time after discovering the issue and include your order number, a description of the issue and clear photos.

Items will not be considered faulty where the issue is caused by normal wear and tear, misuse, accidental damage, incorrect care, rough surfaces, exposure to chemicals, or failure to follow care instructions.

11. ACCURACY OF INFORMATION

We aim to ensure the information on our website is accurate, complete and current. However, errors, inaccuracies or omissions may occur, including in relation to product descriptions, pricing, availability, promotions, shipping charges or delivery estimates.

We reserve the right to correct errors, update information or cancel orders where information is inaccurate, including after an order has been placed.

12. INTELLECTUAL PROPERTY

All content on the Sperè website, including but not limited to designs, product names, images, photography, graphics, logos, text, branding, layout, copy, videos and other materials, is owned by or licensed to Sperè and is protected by intellectual property laws.

You must not copy, reproduce, distribute, modify, sell, exploit or use any Sperè content without our prior written permission.

13. USER CONTENT, REVIEWS AND SUBMISSIONS

If you submit reviews, photos, comments, feedback, suggestions or other content to Sperè, you grant us permission to use, reproduce, edit, publish and share that content for business, marketing and promotional purposes, unless otherwise agreed.

You confirm that any content you provide is your own, does not infringe the rights of others, and is not unlawful, offensive, misleading, defamatory or harmful.

We reserve the right to remove or edit user content at our discretion.

14. MARKETING COMMUNICATIONS

By subscribing to our email or SMS marketing, you agree to receive marketing communications from Sperè, including updates about new collections, restocks, promotions and brand news.

You may unsubscribe from email marketing at any time by using the unsubscribe link in our emails. If SMS marketing is offered, you may opt out by following the instructions provided in the message, such as replying STOP.

Your personal information will be handled in accordance with our Privacy Policy.

15. THIRD-PARTY TOOLS AND LINKS

Our website may include third-party tools, apps, payment providers, links or integrations. These third parties may have their own terms, policies and privacy practices.

We are not responsible for the content, accuracy, availability, security or practices of third-party websites or services. You access and use third-party services at your own risk.

16. PROHIBITED USES

You must not use our website, products or services:

  • for any unlawful or fraudulent purpose;

  • to violate any laws or regulations;

  • to infringe our intellectual property rights or the rights of others;

  • to submit false, misleading or inaccurate information;

  • to upload or transmit viruses, malware or harmful code;

  • to spam, phish, scrape, crawl or collect personal information;

  • to interfere with the security or operation of our website;

  • to harass, abuse, defame, intimidate or discriminate against others; or

  • to resell products without our prior written permission.

We reserve the right to terminate your access to our website or services if you breach these Terms.

17. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Sperè will not be liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, data, goodwill or opportunity, arising from your use of our website, products or services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under Australian Consumer Law or other applicable laws.

18. INDEMNIFY

You agree to indemnify and hold harmless Sperè, its directors, employees, contractors, suppliers, service providers and affiliates from any claim, loss, liability, damage, cost or expense arising from your breach of these Terms, misuse of our website, violation of law or infringement of third-party rights.

19. PRIVACY

Your submission of personal information through our website is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, store and disclose your personal information.

20. CHANGES TO THESE TERMS

We reserve the right to update, amend or replace these Terms at any time by posting the revised version on our website.

Your continued use of our website after any changes are posted means you accept the updated Terms. It is your responsibility to check this page periodically for updates.

21. SEVERABILITY

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed to the extent necessary and the remaining provisions will continue in full force and effect.

22. ENTIRE AGREEMENT

These Terms, together with any policies linked on our website, form the entire agreement between you and Sperè regarding your use of our website and purchase of our products.

Any failure by us to enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

23. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the jurisdiction of its courts.

24. CONTACT INFORMATION

Questions about these Terms & Conditions can be sent to:

Sperè 

Email: Spere@spereswim.com.au

Business name: Spere Swim

ABN: 39 785 500 930