Terms of service

Maud Dainty
Online Store Terms and Conditions

Last updated: 15 May 2026

1.1           Maud Dainty Pty Ltd ACN 143 828 719 and its related entities (Maud Dainty, we, us, our) are a boutique fashion label that design and sell unique clothing, including under the brands "M. A. Dainty" and "Circular by Maud Alice Dainty". Our goods and services are available through selected Australian and New Zealand retailers and via our online store at https://www.madainty.com (Online Store).  

1.2           Your access to and use of our Online Store, and in consideration of Maud Dainty providing you with access to the Online Store, constitutes your acceptance of and agreement to these Store Terms. Please read them carefully. If you do not agree to our Store Terms, then you must not continue with any purchases and immediately stop accessing or using our Online Store.

1.3           We reserve the right to amend these Store Terms from time to time and recommend you check the Store Terms regularly to ensure you understand the terms that apply at that time. Your continued browsing or use of the Online Store will constitute your acceptance of any amendments or revisions to the Store Terms.

1.4           These Store Terms are to be read in conjunction with the Maud Dainty Privacy Policy, located at https://www.madainty.com/policies/privacy-policy. We will collect, handle and use any personal information we collect from you in accordance with our Privacy Policy. By accessing and browsing the Online Store, you acknowledge the terms of our Privacy Policy.

2.1           We may allow you to register for an account with us to enable certain functionality, such as viewing your purchasing history. You must be over 18 years of age to register an account with us, unless otherwise stated.

2.2           When creating an account, you will be asked to provide certain personal information (including your name, email address and other contact details) and choose a password. We will collect, handle and use any personal information we collect from you in accordance with our Privacy Policy.

2.3           You are responsible for maintaining the security of your account details, including your password, and accept responsibility for all activity that occurs under your account with us. You must:

(a)            keep your account password confidential and secure; 

(b)            notify us immediately if you suspect any unauthorised use of your account or access to your password; and 

(c)            promptly update your account details if any of your contact details change.

Orders

3.1           By placing an order with us on our Online Store, you are offering to purchase a product in accordance with these Store Terms. An order is not accepted by us, and no binding contract arises, until we issue you with an order acknowledgement email confirming that your order has been accepted by us.

3.2           We reserve the right to decline, reject or cancel any order prior to dispatch, including where the products are unavailable or out of stock, there is an error in pricing or product description, or we reasonably suspect fraudulent, suspicious or unauthorised activity.

3.3           When placing an order for our products on our Online Store, we may ask you for certain information, such as your name, address, contact details, and payment information. You are responsible for providing us with current and correct details to fulfil your order. We will collect, handle and use any personal information we collect from you in accordance with our Privacy Policy.

3.4           You must be at least 18 years of age to make a purchase from the Online Store. If you are under 18, please ask your parent or guardian to purchase products or services from us.

3.5           You may not change or cancel an order that has been placed on our Online Store, except as expressly provided in these Store Terms, with our consent or as required by applicable law.

Our products

3.6           Our Online Store is intended to provide you with information about our goods and services and allow you to make purchases. While we do our best to ensure all product descriptions, pricing, colour and sizing information is accurate, we do not warrant that this information will always be accurate, complete or current.

3.7           The images of our products displayed on our Online Store are for illustrative purposes only. Our products may vary slightly from those images due to differences in your device's display settings or other technical factors.

3.8           We reserve the right at our sole discretion to limit the quantities of any products that we offer or restrict the number of products that can be made in any one purchase, for example, if the product is low in stock, out of stock or otherwise unavailable.

Pricing and payment

3.9           All prices displayed on our Online Store are in Australian dollars (AUD) or, where applicable, New Zealand dollars (NZD), and, unless otherwise stated, include GST. Prices are exclusive of delivery charges. Prices are subject to change without notice to you. Orders delivered outside of Australia (including to New Zealand) may be subject to customs duties, taxes, import fees and other charges levied by the destination country. Any such customs or import duties and associated fees are charged at the point of delivery and are your sole responsibility. We have no control over these charges and cannot predict their amount.

3.10        We reserve the right to correct any errors in pricing displayed on the Online Store, including after you have placed an order. We will promptly notify you of any pricing errors that affects your order. If this occurs, you will have the option to re-confirm your order at the corrected price or cancel your order. Any order that is cancelled due to a pricing error will be refunded in full using the original payment method.

3.11        We accept payment from Visa, MasterCard, American Express, PayPal, ShopPay and Apple Pay. Payment processing services for the Online Store are provided by Shopify, and third-party payment providers. Depending on your circumstances, you may incur additional exchange rate costs and fees as charged by your credit card issuer or payment provider. We will not be liable for any costs associated with exchange rates, bank fees or payment processing delays.

3.12        Purchases made using our payment options are subject to that payment provider's own terms and conditions. You should read the terms and conditions applying to the use of your preferred payment provider. 

Delivery and shipping

3.13        All orders are shipped via our third-party delivery partners. Shipping costs are calculated at the time of purchase. Once your order has been shipped, you will receive an email with tracking information.

3.14        Title and risk in the products will pass to you upon delivery of your order to the delivery address specified in your order or in accordance with any delivery instructions you have given.

Returns and Refunds

Change of mind returns and refunds

3.15        This section applies to our customers who purchase products via our Online Store. If you have purchased one of our items from our retail partners, please contact that retail partner for returns and refunds. For information about returns and refunds for our retail and wholesale customers, please see section 3.23.

3.16        We understand that a change of mind about your purchase can happen. Change-of-mind returns and refunds are offered at our discretion and apply only where you decide that you no longer want a product, including where you have ordered the wrong size, colour or style. This section does not apply to products that are faulty, defective or misdescribed. Your rights in respect of faulty or misdescribed items are addressed separately below.

3.17        If you wish to return and refund your purchase for a change of mind, Maud Dainty may, at our sole discretion, offer you upon return of the item:

(a)            a refund of the original payment method for items purchased at full price, less any costs of return incurred by us; or

(b)            a store credit to the amount of the purchase for any sale or clearance items that were purchased at a discounted price, including by temporary discount or during a sale period, less any costs of return incurred by us,

subject to the following conditions:

(c)            you are able to provide satisfactory proof of purchase;

(d)            the items are unworn, unwashed, undamaged and without odour with all original tags attached and sealed packaging (where relevant); and

(e)            the item is sent in a return parcel that is sent to us within 10 days of receiving your delivery.

3.18        If you would like to request a return and refund, please contact us at online@mauddainty.com. All returned items must be returned to the following address before a refund or store credit will be processed:

Maud Dainty Pty Ltd
85 Rokeby Street
Collingwood, VIC, 3066
Australia

3.19        We do not offer free returns, and it is your responsibility to cover the costs of returning the item for change of mind. All returns should be sent via a tracked courier to avoid items being lost, stolen or damaged. We are not responsible for returned items that are lost, stolen or damaged in transit. If we refuse your return request because the item does not comply with these Store Terms, you must pay for our reasonable delivery costs to return the item to you.

3.20        Once we have received your return and it has been accepted, your refund or store credit will be processed within 3 business days – you can expect to receive your refund within 1 to 10 business days depending on your financial institution. We take no responsibility for any delays with your financial institution processing a refund.

3.21        If you have any queries or would like further assistance regarding returns and refunds, please contact us at the details provided in section 12.

Exchanges

3.22        If you wish to exchange an item, we kindly ask that you order the new item separately and contact us to return your original item and seek a refund in accordance with the "Change of mind returns and refunds" section above. This means you will get your new item sooner, as we will not have to wait for your return to come back before sending the new order. Unfortunately, at this stage we are unable to offer exchanges on any items.

Retail and wholesale customers

3.23        Unfortunately, we cannot guarantee a return or refund for our retail and wholesale customers for changes of mind. Change-of-mind returns and refunds are offered at our sole discretion. This section does not apply to products that are faulty, defective or misdescribed. Your rights in respect of faulty or misdescribed items are addressed separately below. If you would like to request a return and refund for an item, please contact us at online@mauddainty.com.

Faulty or misdescribed items

3.24        Notwithstanding anything to the contrary in these Store Terms, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Non-excludable Rights). Nothing in these Store Terms has the effect of excluding, restricting or modifying any Non-excludable Rights or remedies available to you under those laws.

3.25        To the fullest extent permitted by law, our liability for breach of any implied warranty, condition or undertaking under any Non-excludable Right is limited to:

(a)            in the case of a minor problem, at our discretion, the repair or replacement of the same type of product, or a full refund of the original payment method; and

(b)            in the case of a major problem, a full refund of the original payment method or replacement of the same type of product.

We require satisfactory proof of purchase before providing a remedy under a Non-excludable Right.

3.26        We will accept returns for faulty or misdescribed products, within a reasonable time from the date of purchase. This may vary somewhat depending on the item.

3.27        In the unfortunate event you receive a faulty or misdescribed item, please email online@mauddainty.com with details and images of the item.

4.1           When accessing or browsing our Online Store:

(a)            you should use it for personal use only and in compliance with all laws in relation to your access or use of the materials found on our Online Store; and

(b)            you should not use it:

(i)             for commercial purposes;

(ii)            for illegal, unauthorised or fraudulent activities;

(iii)           in a way that infringes upon our rights or the rights of others (including Intellectual Property Rights);

(iv)           to upload, transmit or permit any virus or malicious code to adversely affect the Store Terms or any associated equipment or data;

(v)            attempt to gain unauthorised access to the Online Store, the server on which the Online Store is stored or any server, computer or database connected to the Online Store;

(vi)           use any method or process (including data scraping, bot, collection or accumulation tool, robot, spider or scripted response) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking any Online Store content, other than browsing and interacting with the Online Store using normal web-browsing functions; or

(vii)          in any way which will or may damage, disrupt access to or interfere with the proper operation of the Online Store.

Our content

5.1           You acknowledge and agree that:

(a)            all material on the Online Store, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Our Content) is exclusively owned by us or licensed to us;

(b)            you hold no Intellectual Property Rights in Our Content; and

(c)            you may not reproduce, transmit, adapt, distribute, sell, modify, publish, store or create any derivative works of Our Content for any purpose, except as otherwise permitted by these Store Terms or by law.

5.2           All material on the Online Store is protected by copyright unless otherwise indicated and may not be used except as permitted in accordance with these Store Terms. If:

(a)            you are browsing our Online Store as a non-commercial user, you may download material displayed on the Online Store for your non-commercial, personal use only.

(b)            you are browsing the Online Store as an employee / agent / member of any business or organisation, you may download material displayed or available on the Online Store only for non-commercial purposes within your business or organisation. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Online Store and on your compliance with those notices and these Store Terms. You may not distribute or transmit (except within your business or organisation), modify, reuse, republish, report, frame, upload to a third party or use Our Content for public or commercial purposes without Maud Dainty's express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to Maud Dainty, its affiliates or its third-party content providers.

5.3           Our Content may include images, videos or other material that incidentally feature third‑party products, brands or services. For example, some items worn by models in Our Content are the model’s own items, and are not sold or distributed by us. Any such references are for styling or illustrative purposes only and do not imply any affiliation, endorsement or relationship with those third parties.

Other trade marks

5.4           Other trade marks and third-party products may appear on our Online Store and are the exclusive property of their respective owners. The use of any such trade mark on the Online Store is not intended to indicate any association with or endorsement by the owner of that trade mark.

5.5           Nothing contained on the Online Store should be construed as granting you any licence or right to use, reproduce or publish any trade marks without the express written consent to the respective owner.

6.1           Without limiting any other provision of these Store Terms, our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Store Terms is intended to exclude, restrict or modify any rights or remedies available to you under those laws.

6.2           Subject to those consumer guarantees under the Australian Consumer Law, all other conditions, warranties, representations and guarantees, whether express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law.

6.3           Your access to and use of the Online Store is at your own risk. The Online Store is provided “as is” and “as available”. To the maximum extent permitted by law, we do not warrant or represent that the Online Store or any content will be accurate, current, complete, suitable, reliable, secure, uninterrupted or error-free, or that it will be free from viruses or malicious code. The Online Store is hosted on Shopify's platform and we do not control or guarantee the availability, security or performance of the Shopify platform. We are not liable for any downtime, interruption or technical failure of the Shopify platform.

6.4           To the maximum extent permitted by law, Maud Dainty and its directors, officers, employees, licensees, agents and suppliers exclude all liability for any loss or damage suffered or incurred by you, whether arising under contract, tort (including negligence), statute or otherwise, and whether direct, indirect, incidental, special or consequential, including loss of profits, loss of opportunity, loss of data, corruption of data or loss of use, arising out of or in connection with:

(a)            your access to, use of, or inability to access or use, the Online Store

(b)            any information, products or services made available through the Online Store; or

(c)            any matter contemplated by these Store Terms.

6.5           To the extent that our liability cannot be excluded under the Australian Consumer Law or otherwise by law, our total aggregate liability to you for all claims arising out of or in connection with these Store Terms or the Online Store is limited to the total amount paid by you to us for the specific product or order giving rise to the claim.

7.1           To the maximum extent permitted by law, you indemnify us and our directors, officers, employees, agents and suppliers and licensees (those indemnified) against any liability, loss, damage or expense (including legal costs on a full indemnity basis) suffered or incurred by those indemnified arising out of or in connection with:

(a)            your access to and use of the Online Store;

(b)            your breach of or failure to comply with these Store Terms;

(c)            your wilful, unlawful or negligent act or omission; or

(d)            a claim that you infringed any third party rights, including Intellectual Property Rights, or applicable laws.

7.2           Each party holds the benefit of this indemnity on trust for each of those indemnified.

8.1           The Online Store is hosted on Shopify's platform. Shopify's terms of service, acceptable use policy and privacy policy (available at www.shopify.com/legal) may apply to your use of the Online Store to the extent relevant.

8.2           The Online Store may contain links to third-party websites, applications or services (Linked Websites), including those operated by Shopify, payment providers and social media platforms. We make no warranties or representations regarding the content, accuracy, availability or security of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. You acknowledge that we are providing these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by us or any association with its operators. When accessing a Linked Website, you should read the terms and conditions applying to the use of that website. 

9.1           We take reasonable steps to protect the personal information and payment data you provide through the Online Store. Payment transactions are processed by Shopify through Shopify Payments and third-party payment providers or gateways. We do not store your payment details or credit card details on our servers. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee the absolute security of your data. For further information about how we collect, use and disclose your personal information, please refer to our Privacy Policy.

10.1        Governing law and jurisdiction - These Store Terms are governed by the laws of Victoria, Australia, and each party irrevocably submits to the exclusive jurisdiction and venue of courts in Victoria, Australia in all disputes arising out of or relating to the use of our Online Store.

10.2        Force majeure - We will not be liable for any delay or failure to perform our obligations under these Store Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, acts of government, war, terrorism, civil unrest, labour disputes, power failures, internet or telecommunications failures, disruptions to postal or courier services, or failures of the Shopify platform or our third-party service providers. Where such an event occurs, our obligations under these Store Terms will be suspended for the duration of the event.

10.3        Waiver - We do not waive any right, remedy or power because of any delay in exercising, failing to exercise or only partially exercising a particular right, remedy or power.

10.4        Severability - If any part of these Store Terms is found to be wholly or partly void, illegal or unenforceable in any relevant jurisdiction, then that provision or part thereof will be deemed deleted. This does not affect the validity or enforceability of the remainder of the Store Terms.

10.5        Entire agreement - These Store Terms constitute the entire agreement between you and Maud Dainty with respect to our Online Store and it supersedes all prior communications, understandings or agreements with respect to our Online Store.

11.1        In these Store Terms, unless context otherwise requires:

(a)            Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

(b)            Intellectual Property Rights means all present and future copyright, all proprietary rights in relation to inventions (including patents), trade marks, rights in confidential information (including trade secrets and know how), design rights, rights in relation to databases and domain names, all other proprietary rights resulting from intellectual activity in, the industrial, scientific, literary or artistic fields and all other rights generally falling within the term 'intellectual property rights' anywhere in the world, whether registered or not and whether registrable or not;

(c)            Non-Excludable Rights has the meaning given in section 3.24;

(d)            Online Store has the meaning given in section 1.1;

(e)            Privacy Policy means the Maud Dainty Privacy Policy, as amended from time to time, located at https://www.madainty.com/policies/privacy-policy;

(f)             Shopify means Shopify Inc. and its affiliates, being the provider of the e-commerce platform on which the Online Store is hosted; and

(g)            Store Terms means these Maud Dainty Online Store Terms and Conditions.

12.1        If you have any queries regarding these Store Terms, please contact us at:

Maud Dainty Pty Ltd

Address:          85 Rokeby Street, Collingwood, VIC, 3066, Australia

Email:              online@mauddainty.com