Terms of service
OVERVIEW
Welcome to Delacalle.
The terms “we”, “us” and “our” refer to Delacalle.
Delacalle operates this website and online store, including all related information, content, features, tools, products and services (collectively, the “Services”) provided to you as the customer. Our store is powered by Shopify, which enables us to sell our products and services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, govern your access to and use of the Services. Please read them carefully, as they include important information regarding your legal rights, warranty disclaimers, and limitations of liability.
By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependents to use the Services under your supervision.
You may be required to provide certain information when using the Services, including billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. Accounts may not be transferred, sold, or assigned to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to accurately display our products. However, colours, textures, and appearance may vary depending on your device, screen, and settings. We do not guarantee that product appearance will exactly match what is displayed online.
All product descriptions, pricing, and availability are subject to change without notice. We reserve the right to limit quantities or discontinue products at any time.
Print-on-Demand Products
Delacalle products are produced on a print-on-demand basis, meaning each item is custom-made once an order is placed. As a result, production begins shortly after purchase, and orders cannot be modified or cancelled once processing has commenced.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Delacalle reserves the right to accept or decline any order at its discretion.
An order is not accepted until payment has been received and the order is confirmed. Please review your order carefully before submission, as we may be unable to accommodate cancellation requests once processing has begun.
Returns and refunds are governed solely by our Refund Policy.
Purchases are for personal or household use only. We reserve the right to refuse or cancel orders that appear to be placed for resale, distribution, or commercial purposes.
SECTION 4 – PRICING AND BILLING
All prices are subject to change without notice. The price charged will be the price displayed at the time the order is placed. Prices do not include shipping, taxes, customs duties, or import charges unless stated otherwise.
You agree to provide accurate and complete payment information and authorize us to charge your selected payment method for all applicable charges.
We reserve the right to correct pricing errors and cancel orders arising from incorrect information.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control.
Risk of loss transfers to you upon delivery, except where otherwise required under Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY AND ARTISTIC TRANSFORMATION
All content included in the Services — including but not limited to designs, artwork, illustrations, photographs, images, graphics, videos, text, logos, branding, and visual compositions — is owned by or licensed to Delacalle and is protected by Australian and international copyright, trademark, and intellectual property laws.
Delacalle is an independent lifestyle and fashion brand creating original artwork inspired by real environments, global travel, and urban culture. Our creative process involves photography, artistic reinterpretation, and creative transformation. While inspiration may be drawn from public spaces — including architecture, textures, streetscapes, and urban elements — no artwork is reproduced, copied, or claimed as the original work of another artist.
Any depiction of street art, murals, graffiti, or other public visual elements is incidental, contextual, or significantly transformed as part of a new and original artistic composition. Delacalle does not claim ownership over public street art or third-party artworks displayed in public spaces.
All Delacalle designs represent new and distinct artistic expressions, incorporating original composition, colour treatment, texture, typography, and conceptual direction unique to Delacalle.
You may access and use the Services for personal, non-commercial purposes only. You must not copy, reproduce, distribute, modify, adapt, publish, sell, license, or otherwise exploit any content from the Services without the prior written consent of Delacalle.
All Delacalle names, logos, designs, trademarks, trade dress, and slogans are trademarks or intellectual property of Delacalle. Shopify’s trademarks remain the property of Shopify.
If you believe your intellectual property rights have been unintentionally affected, please contact Delacalle directly so the matter can be reviewed respectfully and professionally.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or guarantees. We are not responsible for your use of third-party tools or services.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Delacalle is powered by Shopify. However, all sales are made directly between you and Delacalle. Shopify is not responsible for any aspect of transactions conducted through our store, and you release Shopify from all related claims.
SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy. Shopify may also collect and process personal information in accordance with its Privacy Policy. By using the Services, you consent to these practices.
SECTION 11 – FEEDBACK
Any feedback, suggestions, or content you submit may be used by Delacalle without restriction or compensation. You warrant that you have the rights to any feedback you submit.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to update or cancel orders if information is inaccurate, at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property rights, to harass or abuse others, to distribute malware, or to interfere with the operation of the Services. We reserve the right to terminate access for violations.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at any time without notice. Obligations and liabilities incurred prior to termination survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available”, without warranties of any kind, except as required under Australian Consumer Law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Delacalle shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services or products.
Nothing in these Terms limits rights you may have under Australian Consumer Law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Delacalle and Shopify from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms and all referenced policies constitute the entire agreement between you and Delacalle.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign our rights without restriction.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of Australia.
You submit to the non-exclusive jurisdiction of the courts of the Northern Territory, Australia.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of any changes.
SECTION 24 – CONTACT INFORMATION
For questions regarding these Terms, contact us at:
Delacalle
📧 info@delacalle.com.au
Australia
ABN: 81 714 432 242