Terms of service

TERMS OF SERVICE

Last Updated: May 2025

These Terms of Service ("Terms") govern your use of www.sculptly.com (the "Website") and your purchase of Sculptly products. By accessing or purchasing from our Website, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our Website or make purchases.

  1. USE LICENSE

We grant you a limited, non-exclusive, non-transferable licence to access and use our Website for personal, non-commercial purposes. You agree not to:

  • Reproduce, duplicate, or copy content for commercial purposes
  • Attempt to gain unauthorised access to our systems
  • Transmit viruses, malware, or any code of destructive nature
  • Engage in any conduct that restricts or inhibits anyone's use of the Website
  • Harass, abuse, or harm others
  • Use automated tools to scrape or extract data without permission
  1. PRODUCT INFORMATION

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, images, or other content are accurate, complete, or error-free.

Product images are for illustration purposes and may vary slightly from actual products due to monitor settings, lighting, and photography techniques.

We reserve the right to:

  • Correct pricing errors
  • Limit quantities
  • Refuse or cancel orders
  • Discontinue products
  1. ORDERING AND ACCEPTANCE

When you place an order, you are making an offer to purchase our products subject to these Terms. We will send you an order confirmation email, but this does not constitute acceptance of your order.

We reserve the right to accept or reject any order at our discretion. Orders are subject to verification and fraud checks.

Order Confirmation: We send order confirmations within 1-2 business days. Processing Time: 5-7 business days before your order ships. Shipping: Standard shipping takes 5-10 business days within Australia and New Zealand.

  1. PAYMENT

Payment must be received before your order ships. We accept:

  • Credit/debit cards (Visa, Mastercard, American Express)
  • PayPal
  • Other payment methods as displayed at checkout

All payments are processed securely using SSL encryption. Your payment information is not stored on our servers. By providing payment information, you authorise us to charge your account.

  1. PRICING AND AVAILABILITY

All prices are displayed in Australian Dollars (AUD) and are inclusive of GST (Goods and Services Tax).

Prices are subject to change without notice. The price you pay is the price in effect at the time of purchase.

We are not responsible for pricing errors. If a significant pricing error is made, we reserve the right to cancel your order.

Products are subject to availability. If a product becomes unavailable after you place an order, we will notify you and offer alternatives or a full refund.

  1. RETURNS AND REFUNDS (30-Day Guarantee)

Our Guarantee: We are confident in the quality of Sculptly leggings. If you are not completely satisfied with your purchase, we offer a 30-day money-back guarantee.

Return Process:

  1. Contact support@getsculptly.com within 30 days of purchase
  2. Provide your order number and reason for return
  3. Ship the leggings back to us in their original condition
  4. Once received and inspected, we will process your refund

Refund Conditions:

  • Leggings must be unworn, unwashed, and in original condition
  • Packaging and tags must be intact
  • Return shipping costs are the customer's responsibility (unless the return is due to our error or a defective product)
  • Refunds will be processed within 10 business days of receiving your returned item
  • Refunds are issued to the original payment method

Exclusions: Returns are not accepted if:

  • Items have been worn, washed, or damaged
  • Items are outside the 30-day return window
  • Items are missing original tags or packaging
  • Items show signs of wear or have been altered

Non-Returnable Items: Customised or bespoke items cannot be returned unless defective.

  1. SHIPPING AND DELIVERY

Shipping Policy:

  • We ship to all areas of Australia and New Zealand
  • Standard shipping: 5-10 business days after processing
  • Processing time: 5-7 business days
  • Shipping is via Australia Post (Australia) or NZ Post (New Zealand)
  • You will receive a tracking number via email

Risk of Loss: Once your order ships, risk of loss passes to you. We recommend tracking your package. For lost or damaged shipments, contact your postal service.

Shipping Delays: We are not responsible for delays caused by postal services, customs, or other third parties beyond our control.

International Shipping: Currently, we only ship within Australia and New Zealand. International shipping may be available in the future.

  1. INTELLECTUAL PROPERTY RIGHTS

All content on our Website, including text, graphics, logos, images, and software, is the property of Sculptly or our content suppliers and is protected by copyright and trademark laws.

You may not reproduce, distribute, transmit, display, perform, or exploit any content without our prior written consent.

  1. LIMITATION OF LIABILITY

To the extent permitted by law, Sculptly shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Lost profits, revenue, or data
  • Interruptions to service or downtime
  • Errors or omissions in content

Our total liability to you for any claim shall not exceed the purchase price of the product.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Sculptly, its owners, employees, and agents from any claims, damages, losses, or costs arising from:

  • Your use of our Website
  • Your breach of these Terms
  • Your infringement of third-party rights
  • Any unlawful activity
  1. DISCLAIMERS

OUR WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. AUSTRALIAN CONSUMER GUARANTEES

Under the Australian Consumer Law, certain statutory guarantees apply to goods and services. Nothing in these Terms excludes, restricts, or modifies any guarantees, rights, or remedies you have under the Competition and Consumer Act 2010 (Cth) or other applicable laws.

Where we can limit liability, our liability is limited to the cost of the product or resupply of the service.

  1. NEW ZEALAND CONSUMER GUARANTEES

Under the Consumer Guarantees Act 1993 (NZ), certain statutory guarantees apply. These Terms do not exclude, restrict, or modify consumer guarantees, rights, or remedies available under the CGA.

  1. AMENDMENTS

We reserve the right to amend these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our Website constitutes acceptance of the amended Terms.

  1. DISPUTE RESOLUTION

If you have a dispute with Sculptly, please contact us first:

Email: support@getsculptly.com

We will attempt to resolve the matter within 14 days of receiving your complaint.

If we cannot resolve the matter, you may be entitled to dispute resolution through:

  • Australian Competition and Consumer Commission (ACCC) - accc.gov.au
  • New Zealand Commerce Commission - comcom.govt.nz
  1. GOVERNING LAW

These Terms are governed by the laws of Australia (or New Zealand, depending on your location). You submit to the exclusive jurisdiction of the courts of Australia or New Zealand.

  1. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

  1. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Sculptly regarding your use of our Website and purchase of products.

  1. CONTACT US

For questions about these Terms of Service:

Email: support@getsculptly.com 

Response Time: We aim to respond within 5 business days.

Thank you for shopping with Sculptly. We're committed to celebrating your body and providing excellent service.