Terms of service
OVERVIEW
Welcome to 2UNDR! The terms "we", "us" and "our" refer to 2UNDR. 2UNDR operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). 2UNDR is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or the age of majority in your place of residence, and are legally capable of entering into a binding contract.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order through our store, you are making an offer to purchase the relevant products. We may accept or decline that offer in our discretion, including where products are unavailable, there is an error in pricing or product information, we suspect fraudulent activity, or payment cannot be processed.
A contract is formed only when we confirm acceptance of your order. We may contact you using the email address, billing address or phone number provided with your order if we need to verify or amend any order details.
Please review your order carefully before submitting it. Once an order has been accepted, we may not be able to cancel or amend it.
Your purchase is also subject to our Returns and Refunds Policy. Nothing in these Terms or in our Returns and Refunds Policy excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law, the New Zealand Consumer Guarantees Act, or any other applicable law.
SECTION 4 - PRICES AND BILLING
All prices displayed on our store are shown in the currency specified on the website at the time of purchase. Unless stated otherwise, prices for orders delivered within Australia include GST where applicable. Orders delivered outside Australia may be subject to local taxes, duties, customs charges or import fees, which are the responsibility of the customer unless expressly stated otherwise.
We may change prices, promotions and discounts at any time before an order is submitted. If a product is incorrectly priced or described, we may cancel the order and refund any amount paid.
Promotions, discount codes and special offers may be subject to separate terms and conditions, including minimum spend requirements, geographic restrictions, expiry dates, single-use rules, and exclusions. Where there is any inconsistency, the specific promotion terms will prevail to the extent of the inconsistency.
Unless expressly stated otherwise, discount codes, promotional offers, bundle pricing, referral credits and free shipping offers cannot be combined with any other offer and may be withdrawn or amended at any time before checkout.
Loyalty programme rewards, points redemptions, and credits issued through our rewards programme are subject to the terms of that programme and cannot be combined with promotional discount codes, bundle pricing, or other offers unless expressly stated at checkout. Bundle pricing reflects a discount applied to qualifying product combinations and is calculated at the time of purchase. Bundle discounts cannot be combined with other promotions unless explicitly permitted.
SECTION 5 - SHIPPING AND DELIVERY
We aim to dispatch and deliver orders within the timeframes shown on our website or otherwise communicated at checkout, however all delivery timeframes are estimates only and are not guaranteed. Delays may occur due to carrier issues, customs processing, peak periods, weather events or events beyond our reasonable control.
Risk in the products passes to you on delivery to the address provided in your order, unless otherwise required by applicable law. Title to the products passes to you once we have received payment in full for the relevant order.
If your order is lost or damaged in transit, please contact us as soon as possible so that we can work with the carrier and determine an appropriate outcome. Nothing in this section excludes any rights you may have under applicable consumer laws.
Certain promotions, shipping offers, products or services may only be available in selected regions, including Australia only or New Zealand only, as specified on the website or in the relevant promotion terms.
SECTION 5a - RETURNS & CHANGE OF MIND
Due to the nature of our products, we may decline change-of-mind returns or exchanges for underwear that has been opened, worn, washed, damaged, or is not in its original condition and packaging, except where required by law.
Nothing in this clause affects your rights in relation to faulty products, products that are not as described, or other rights available under applicable consumer law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by or licensed to Down Undies Apparel PTY Ltd, its affiliates, or licensors (including 2UNDR, whose brand and intellectual property is used by Down Undies Apparel PTY Ltd under licence) and protected by applicable intellectual property laws in Australia and other jurisdictions.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of 2UNDR, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by 2UNDR.
2UNDR's names, logos, product and service names, designs, and slogans are trademarks of 2UNDR or its affiliates or licensors. You must not use such trademarks without the prior written permission of 2UNDR. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
This includes our trade marks, logos, branding, product names, graphics, text, website design and other content made available through the Services.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
2UNDR uses Shopify to host and power the store. However, any contract for the purchase of products through the store is between you and 2UNDR, not Shopify. To the extent permitted by law, Shopify is not responsible for products sold by 2UNDR or for the performance of any contract between you and 2UNDR.
SECTION 10 - PRIVACY POLICY
We collect, use and disclose personal information in accordance with our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.
Our store is hosted by Shopify, and Shopify may collect, use and process certain personal information in order to provide hosting, checkout, payment processing, analytics and related services. Personal information may be stored or processed outside Australia, including by Shopify and its service providers.
If and to the extent the Privacy Act 1988 (Cth) applies to our business, we will handle personal information in accordance with applicable privacy law.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm 2UNDR, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
For the avoidance of doubt, this restriction applies to customer-facing access to the Services only and does not restrict the internal business operations of Down Undies Apparel PTY Ltd.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, we do not guarantee that the Services will be uninterrupted, secure or error-free, or that the website will always be available. The information on the Services is provided for general information only and may contain errors, omissions or inaccuracies from time to time.
Except as expressly set out in these Terms, our Returns and Refunds Policy, or as required by law, the Services and content made available through them are provided on an “as is” and “as available” basis.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory guarantee, or other right or remedy conferred by applicable law, including the Australian Consumer Law and, where applicable, the New Zealand Consumer Guarantees Act.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, we exclude liability for any indirect, special or consequential loss, or for loss of profit, loss of revenue, loss of opportunity or loss of data, arising out of or in connection with your use of the Services or any products purchased through the Services.
Where liability cannot be excluded but can be limited, our liability is limited to the fullest extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law, the New Zealand Consumer Guarantees Act, or any other law that cannot lawfully be excluded, including rights relating to faulty goods, major failures, refunds, repairs, replacements, or compensation for reasonably foreseeable loss.
SECTION 18 - INDEMNIFICATION
You agree to indemnify us against claims, losses, damages, liabilities and expenses suffered or incurred by us arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights, except to the extent caused by our negligence, fraud or wilful misconduct, or where such indemnity is not enforceable under applicable law.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
If you are a consumer residing in New Zealand, nothing in these Terms is intended to exclude any mandatory rights you may have under New Zealand consumer law to the extent those laws apply.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@downundiesapparel.com.au.
Our contact information is posted below:
Down Undies Apparel PTY LTD
support@downundiesapparel.com.au
510/8 Boundary St, Alexandria, NSW, 2015
ABN: 682 781 915
Down Undies Apparel PTY Ltd operates 2undranz.com as the exclusive distributor of 2UNDR products in Australia and New Zealand. All customer enquiries relating to orders placed on 2undranz.com should be directed to support@downundiesapparel.com.au.