THE OODIE™ – TERMS AND CONDITIONS

1. Introduction

   • This website (Site) is operated by Davie Clothing Pty Ltd (ACN 629 766 703) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (including Oodie™ Original) through the Site.

2. Use of the Site

   • You accept these Terms by placing an order via the Site.
   • You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
   • When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
     • Anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
     • Using the Site to defame, harass, threaten, menace or offend any person;
     • Using the Site for unlawful purposes;
     • Interfering with any user of the Site;
     • Tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
     • Using the Site to send unsolicited electronic messages;
     • Using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
     • Facilitating or assisting a third party to do any of the above acts.

3. Accounts

   • You may purchase products through an account with us and we may allow you to register for an account using our platform to sign up.
   • You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
   • It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

   • You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes). You can find more information about the delivery fees in our FAQs here.
   • We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
   • We will accept cancellations and refund of an order within 90 minutes of when you placed the order. You can edit your order through this link here and by entering your email address and order number.
   • It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
   • All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
   • If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
   • We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

5. Price and payments

   • You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in US dollars and US tax (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.
   • You must pay the Price upfront using one of the methods set out on the Site.
   • You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
   • The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
   • We may from time to time issue promotional discount codes for certain products on the Site.
   • To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
   • The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6. Delivery, title and risk

   • If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
   • Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
   • We deliver the products using a range of delivery methods. You may need to sign for some deliveries and you may have the choice for our delivery partner to leave the products in a safe place or to leave the products at your nearest post office for pick up.
   • Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
   • Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7. Returns

   • We offer refunds of eligible products for change of mind where we determine (at our absolute discretion):
     • The products are in their original packaging and in 'as new' condition (this includes attached swing tag, shoe boxes, ribbons and speciality packaging);
     • The products are not marked as 'Final sale' or 'Non-Returnable' items at the time of purchase, unless faulty;
     • You provide a photo of your item/s prior to shipping so we can assess the condition; and
     • Please contact us here to initiate a return.
     • If you claim a refund on a bundle purchase, the bundle pricing will no longer be valid. The product you keep will default to the current sale price and a refund will be provided for the remaining amount. Refer to our returns policy here for further information.
   • We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
   • You may have rights under the Australian Consumer Law (see below) in addition to this clause.

8. Australian Consumer Law

   • Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
   • Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
   • Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9. Limitations

   • Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
     • Neither Party will be liable for Consequential Loss;
     • Each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
     • Our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.
   • You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

10. Intellectual property

    • You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
    • We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
    • You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
    • You must not, without our prior written consent:
      • Copy, in whole or in part, any of Our Intellectual Property;
      • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
      • Breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
    • Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
      • You do not assert that you are the owner of Our Intellectual Property;
      • Unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
      • You do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
      • You comply with all other terms of these Terms.

11. User Content

    • You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.
    • If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
    • You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
      • You are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
      • Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

12. General

    • Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

    • Dispute Resolution & Arbitration

      • Any dispute, claim or controversy arising out of or relating to these Terms, the Site, the products, or our Privacy Policy (collectively, "Dispute") will be handled as follows.
      • Good-faith negotiation: Before commencing arbitration, the Parties agree to first attempt in good faith to resolve any Dispute by written notice and informal discussions for at least 30 days.
      • Binding arbitration: To the fullest extent permitted by law, any Dispute not resolved by negotiation will be finally determined by confidential, binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules then in effect. The seat and place of arbitration will be Adelaide, South Australia. The language of arbitration will be English. The tribunal will consist of one arbitrator. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
      • Exceptions: Either Party may bring an individual claim in a small-claims court of competent jurisdiction or seek temporary injunctive relief to protect intellectual property or confidential information pending arbitration.
      • Class Action & Jury Trial Waiver: Each Party agrees to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Unless both Parties agree otherwise in writing, the arbitrator may not consolidate claims or preside over any class proceeding. The Parties waive any right to a jury trial.
      • Costs: ACICA filing, administrative, and arbitrator fees will be allocated per the ACICA Rules. Each Party will bear its own legal fees unless the arbitrator awards otherwise under applicable law.
      • Confidentiality: Except as required by law, the Parties and the arbitrator must maintain the confidentiality of all proceedings, filings and awards.
      • Severability & Survival: If any portion of this clause is found unenforceable, it shall be severed, and the remainder will be enforced to the fullest extent permitted by law. This clause survives termination of these Terms.
      • Opt-out (U.S. consumers only): If you are a U.S. consumer, you may opt out of arbitration and the class-action waiver by sending a written notice to help@theoodie.com within 30 days after you first accept these Terms. Your opt-out will not affect other provisions of these Terms.
    • Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
    • Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
    • Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
    • Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
    • Governing law: These Terms and any non-arbitrable disputes are governed by the laws of South Australia, without regard to conflict-of-laws principles. Subject to the Dispute Resolution & Arbitration clause above, the Parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
    • Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

13. Definitions

    Consequential Loss

    Whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute "Consequential Loss".

    Force Majeure Event

    Any event or circumstance which is beyond a Party's reasonable control.

    Liability

    Any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

14. SALES PROMOTION

    1. Up to 50% Off Everything. Offer is available from 01/11/2026 until 01/12/2026. Offer is available online at https://us.theoodie.com/. Offer applies to all styles found at https://us.theoodie.com/collections/top-selling-products. Discount shown, prices as marked. Discount will automatically apply at cart. Offer is subject to availability and while stocks last. Due to the high volume of demand and if website difficulties are experienced, Davie Clothing Pty Ltd cannot guarantee the availability of stock. Offer cannot be used in conjunction with any other offers, redeemed against prior purchases and is not available on lay-by. Offer is not available on the purchase of gift cards/Evouchers. Promotion may be extended or changed at Davie Clothing Pty Ltd's discretion.
       

       
       
       
       
       

15. MOBILE TERMS OF SERVICE

    • Last updated: May 2, 2024. The Oodie US mobile message service (the "Service") is operated by Davie Clothing Pty Ltd ("DavieGroup"). Throughout the Site, the terms "we", "us" and "our" refer to Davie Group. Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Davie Clothing Pty Ltd's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Davie Clothing Pty Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, abandoned cart, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Davie Clothing Pty Ltd. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to 94642 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Davie Clothing Pty Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 94642 or contact us here. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.