Terms of service

These terms and conditions specify the agreed terms of use for the www.upsouth.com.au  website. This agreement is between you, the person accessing and/or using the Website (You) and Upsouth Clothing Pty. Ltd. 

The Website is owned and operated by Upsouth Clothing Pty. Ltd. 

Your access to or use of the Website is subject to your agreement to and compliance with these terms and conditions.

By accessing and/or using the Website, You indicate your acceptance of these terms and conditions.  If you do not accept these terms and conditions, you must stop using the Website immediately.

Upsouth Clothing Pty. Ltd.  may amend these terms and conditions from time to time and will publish such amended terms and conditions on the Website.  Your continued use of the Website after such amendment will constitute acceptance of the amended terms and conditions by you.

Our Products

Upsouth offers clothing and related lifestyle products. We make every effort to display accurate product images, descriptions, and pricing; however, colours and textures may vary slightly due to screen settings or photography lighting.

We reserve the right to modify, discontinue, or update any product or price at any time.

Orders and Payments

All prices on our Website are listed in Australian Dollars (AUD) and include GST where applicable.

We accept secure payments through Visa, Mastercard, PayPal, Afterpay and more providers.
When you place an order, you agree that:

  • All information provided is accurate and complete.
  • You are authorised to use the chosen payment method.
  • Your payment will be processed immediately at checkout.

If there are any issues with your order (e.g., stock availability or payment verification), we will contact you as soon as possible.

Returns and Exchanges

We accept returns and exchange under certain conditions as outlined in our Return & Refund Policy. To initiate a return, please contact support@upsouth.com.au  with your order number and details.

Intellectual Property

All content on this Website — including logos, text, images, product names, and graphics — is the property of Upsouth Clothing Pty. Ltd. and protected under Australian copyright and trademark laws.
You may not reproduce, distribute, or modify any material from our Website without written permission from Upsouth.

Disclaimer

You agree that your access to, and use of, this Website is subject to these terms and conditions and all applicable laws, and is at your own risk. This Website and its contents are provided to you on "as is" basis. The website may contain errors, faults and inaccuracies and may not be complete and current.

Upsouth Clothing Pty. Ltd.  makes no representations or warranties of any kind, express or implied as to the operation of this Website or the information, content, materials or products included on this Website, except as otherwise provided under the applicable laws.

Limitation of Liability

At Upsouth, we work hard to ensure every product and shopping experience meets your expectations.
However, to the fullest extent permitted by law, we are not responsible for any loss or damage that may arise from:

  • The use of, or inability to use, our website or services.
  • Delays, errors, or issues in processing or delivering your order.
  • Minor variations in colour, texture, or size between the product images and the actual items received.
  • Any unauthorised access to your account or personal data beyond our reasonable control.
  • Any indirect or consequential losses such as loss of profit, business, or opportunity.

All products and content on our website are provided “as is” and “as available”.
We make no warranties, express or implied, beyond those required under Australian law.

Nothing in these Terms excludes or limits your rights under the Australian Consumer Law (ACL).
You are entitled to a replacement, repair, or refund if a product is faulty, unsafe, or not as described.

Where permitted by law, our total liability for any claim related to your purchase or use of our website will not exceed the amount you paid for the product in question.

Viruses

Upsouth Clothing Pty. Ltd. cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risks of use of all programs and files on this website, and you release Upsouth Pty. Ltd. entirely of all responsibility for any consequences of its use.

Gift vouchers

Gift Vouchers are not redeemable for cash and cannot be exchanged, refunded, or replaced.