Effective date: 7 July 2025

1. Acceptance

By accessing or using blkswn.com (the “Website”) or purchasing any product sold by BLKSWN (“we,” “our,” “us”), you agree to be bound by these Terms of Use (“Terms”). If you do not accept them, do not use the Website.

2. Changes to Terms

We may update these Terms at any time by posting the revised version on the Website. Continued use after changes constitutes acceptance.

3. Eligibility & Accounts

• You must be at least 13 years old to browse and at least 18 years old (or have parental consent) to purchase.

• You are responsible for all activity under your account and must keep login credentials confidential.

4. Products, Orders & Availability

• All products are offered subject to stock. Display does not guarantee availability.

• We reserve the right to refuse or cancel any order (e.g., for suspected fraud or pricing errors).

• Prices are listed in the currency shown at checkout and include applicable GST where required. Shipping costs are displayed separately.

5. Payments

We process payments via Shopify-integrated gateways including Shopify Payments (Visa, Mastercard, American Express, Discover, Diners Club, JCB), PayPal, Apple Pay, Google Pay, Shop Pay, Afterpay, Klarna, Zip, Coinbase Commerce and Amazon Pay, subject to each provider’s terms. You authorise us to charge your chosen method for the total shown at checkout.

6. Shipping & Delivery

Estimated delivery dates are guidelines, not guarantees. Title and risk transfer to you on our hand-over to the carrier.

7. Intellectual Property

All content, designs, logos, graphics, text, software and other materials on the Website are owned or licensed by BLKSWN. You may access and use them only for personal, non-commercial shopping; no further licence is granted.

8. Prohibited Conduct

You must not:
(a) scrape, data-mine, crawl or index the Website;
(b) reverse-engineer or attempt to obtain source code;
(c) infringe any intellectual-property or privacy rights;
(d) upload malicious code;
(e) use the Website for unlawful, offensive or deceptive purposes;
(f) interfere with security or normal operation.
Violation may result in immediate account termination and legal action.

9. Termination

We may suspend or terminate your access without notice if we believe you have breached these Terms or applicable law. Obligations that by their nature should survive (e.g., intellectual-property, disclaimers, liability limits) do survive.

10. Disclaimer of Warranties

The Website and all products are provided “as is” and “as available.” To the fullest extent permitted by the Australian Consumer Law (“ACL”) and other applicable statutes, we disclaim all express or implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits statutory rights that cannot lawfully be excluded.

11. Limitation of Liability

To the maximum extent permitted by law, BLKSWN’s total liability arising out of or in connection with the Website, products or these Terms is limited to the greater of (i) AUD 100 or (ii) the aggregate amount you paid us for products in the twelve months preceding the claim. We are not liable for indirect, incidental, consequential or punitive damages, loss of profits, data, goodwill or business interruption.

12. Indemnity

You indemnify BLKSWN, its directors, employees and agents against all claims, losses, costs and liabilities arising from your breach of these Terms or misuse of the Website.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the Australian courts in relation to any dispute.

14. Third-Party Services & Links

Third-party links and services (including payment processors and fulfilment partners) are provided for convenience. We do not control and are not responsible for their content, terms or policies. Your use of those services is at your own risk.

15. Privacy

Our collection, use and disclosure of personal information are governed by the BLKSWN Privacy Policy, which forms part of these Terms.

16. Compliance

You must comply with all applicable laws and regulations, including the ACL, Australian Privacy Act 1988 and Australian Privacy Principles, EU/UK GDPR, California Consumer Privacy Act and any export-control or sanctions regimes relevant to your location.

17. Miscellaneous

• These Terms constitute the entire agreement between you and BLKSWN regarding the Website.

• If any provision is invalid or unenforceable, it is severed without affecting the remaining provisions.

• Our failure to enforce any right is not a waiver.

• You may not assign or transfer your rights without our prior written consent.

Questions – Contact us via the details published on the Website’s “Contact” page.