Terms of service
TERMS OF SERVICE
Last updated: 24 May 2026
OVERVIEW
This website is operated by Marigold Collections Australia. Throughout the site, the terms "we", "us" and "our" refer to Marigold Collections Australia. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Our store is intended for customers located in Australia and New Zealand only. We do not ship to or service customers outside these regions.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"), including any additional terms, conditions and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms. If you do not agree, you must not access the website or use any of our services.
We reserve the right to update, change or replace any part of these Terms at any time by posting changes to this page. It is your responsibility to check this page periodically. Your continued use of the website following any changes constitutes your acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you have obtained parental or guardian consent to use this site if you are a minor in your state or territory of residence in Australia or New Zealand.
You may not use our products or services for any unlawful or unauthorised purpose, nor may you violate any applicable laws in Australia or New Zealand (including but not limited to copyright and consumer protection laws) in your use of the Service.
You must not transmit any malicious code, viruses or content of a destructive nature through our website.
A breach of any of these Terms may result in immediate termination of your access to our services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding payment information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or its content without our express written permission.
The headings in these Terms are for convenience only and do not limit or affect their interpretation.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We endeavour to ensure that all information on this site is accurate and current; however, we cannot guarantee this at all times. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making purchasing or other decisions.
This site may contain historical information provided for reference purposes only. We reserve the right to modify the contents of this site at any time, though we have no obligation to update information unless required to do so under Australian Consumer Law or applicable New Zealand law. It is your responsibility to monitor changes to this site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
All prices are displayed in Australian Dollars (AUD) and are inclusive of GST where applicable. Prices are subject to change without notice.
New Zealand customers should note that currency conversion rates and any applicable bank fees are determined by their financial institution and are outside our control.
We reserve the right to modify, suspend or discontinue the Service (or any part thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 — PRODUCTS AND SERVICES
Certain products or services may be available exclusively through our website and may be subject to limited availability. These products are subject to return or exchange only in accordance with our [Refund Policy]. .
We have made every effort to display product colours and images as accurately as possible. However, we cannot guarantee that your device screen will accurately reproduce exact colours — slight variations may occur. We recommend referring to product descriptions and size guides before purchasing.
We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction, and to limit quantities on a case-by-case basis. All product descriptions and pricing are subject to change at any time at our sole discretion. We reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services or information obtained by you will meet your expectations, or that any errors in the Service will be corrected. However, nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (ACL) or, for customers in New Zealand, the Consumer Guarantees Act 1993 (NZ).
New Zealand customers should also be aware that orders shipped internationally may be subject to NZ import duties, taxes or customs fees upon delivery. These charges are outside our control and are the responsibility of the recipient.
SECTION 6 — BILLING AND ORDER ACCURACY
We reserve the right to refuse or cancel any order at our discretion. We may limit or cancel quantities purchased per person, per household or per order — including orders placed under the same customer account, payment method, or billing/shipping address. If an order is changed or cancelled, we will endeavour to notify you using the contact details provided at the time of purchase.
We reserve the right to limit or decline orders that appear, in our reasonable judgement, to be placed by resellers or distributors.
You agree to provide accurate, current and complete information for all purchases. You are responsible for keeping your account details up to date — including your email address and payment information — so we can process your transactions and contact you as needed.
For full details, please refer to our [Refund Policy].
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools that we do not monitor, control or endorse. Access to such tools is provided on an "as is" and "as available" basis, without warranties or representations of any kind.
Your use of any optional third-party tools is entirely at your own risk. We encourage you to review the terms and conditions of any third-party tool before use, as we accept no liability arising from your use of those tools.
We may introduce new features, services or tools through the website from time to time. These will also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Some content, products or services available through our site may include materials from third parties. Third-party links on this site may direct you to external websites that are not affiliated with Marigold Collections Australia.
We are not responsible for the content, accuracy or practices of any third-party websites, and we accept no liability for any harm or loss arising from transactions made through third-party sites. We encourage you to review the policies of any third-party site before engaging in a transaction. Any complaints or concerns regarding third-party products or services should be directed to the relevant third party.
SECTION 9 — USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you send us feedback, ideas, suggestions or other submissions (whether requested or unsolicited), you agree that we may use, edit, publish, distribute or translate such submissions in any medium, at any time, without restriction or compensation. We are under no obligation to keep submissions confidential or to respond to them.
We may, but are not obligated to, monitor, edit or remove content that we determine to be unlawful, offensive, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your submissions will not infringe any third-party rights (including copyright, trademark or privacy rights), will not contain unlawful or abusive material, and will not include malicious code or malware. You must not misrepresent your identity or the origin of any submission. You are solely responsible for the accuracy and content of anything you submit.
SECTION 10 — PERSONAL INFORMATION & PRIVACY
Collection & Use
Your personal information is collected and handled in accordance with our Privacy Policy, which forms part of these Terms. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). New Zealand customers' information is also handled with regard to the Privacy Act 2020 (NZ).
Shopify & Third-Party Data Processing
As our store is powered by Shopify, certain personal information relating to your access and use of our store is also collected and processed by Shopify in order to provide and improve its platform. Information you submit may be transmitted to and shared with Shopify, as well as third parties who may be located in countries other than your own, for the purpose of delivering services to you. This information is subject to Shopify's Privacy Policy.
By using our store, you confirm that you have read and understood both our Privacy Policy and Shopify's Privacy Policy.
International Users
If you are located outside Australia or New Zealand and choose to interact with our store or subscribe to our communications, you do so at your own initiative and acknowledge that your data will be handled in accordance with our Privacy Policy and applicable Australian privacy law.
Data Retention & Destruction
We retain personal information only for as long as necessary to fulfil the purpose for which it was collected, or as required by law. Transaction and financial records are retained for a minimum of five years in accordance with Australian taxation law. Once personal information is no longer required, we will take reasonable steps to destroy or permanently de-identify it.
Your Rights
You may request access to, correction of, or deletion of your personal information at any time by contacting us at customer.service@marigoldkids.com.au, subject to any legal obligations requiring us to retain certain records.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery timeframes or availability. We reserve the right to correct any errors and to update or cancel orders where information is found to be inaccurate, without prior notice.
We are not obligated to update information on our site except where required by law, including under the Australian Consumer Law or applicable New Zealand consumer legislation. The presence or absence of an update date on any page does not indicate that all information is current or complete.
SECTION 12 — PROHIBITED USES
In addition to the prohibitions set out elsewhere in these Terms, you must not use this site or its content:
- For any unlawful purpose or to solicit others to engage in unlawful acts
- In violation of any applicable Australian, New Zealand or international laws or regulations
- To infringe our intellectual property rights or those of any third party
- To harass, abuse, defame, intimidate or discriminate against any person on any basis
- To submit false or misleading information
- To upload or transmit viruses or any malicious code
- To collect or track the personal information of others without consent
- To spam, phish, scrape or engage in any unauthorised data collection
- For any obscene or immoral purpose
- To interfere with or circumvent the security of our site or any related systems
We reserve the right to terminate your access to the Service for any violation of these prohibited uses.
SECTION 13 — DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that the Service will be uninterrupted, timely, secure or error-free, or that results obtained from use of the Service will be accurate or reliable.
To the maximum extent permitted by law, the Service and all products delivered through it are provided "as is" and "as available" without warranties of any kind, either express or implied.
To the fullest extent permitted under Australian and New Zealand law, Marigold Collections Australia and its directors, employees, affiliates, agents and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages — including lost profits, lost data or replacement costs — arising from your use of the Service or any products purchased through it.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or, for New Zealand customers, the Consumer Guarantees Act 1993 (NZ), that cannot lawfully be excluded.
SECTION 14 — INDEMNIFICATION
You agree to indemnify and hold harmless Marigold Collections Australia and its directors, employees, affiliates, agents and suppliers from any claim, demand or loss (including reasonable legal costs) arising from your breach of these Terms, your violation of any applicable law, or your infringement of any third-party rights.
SECTION 15 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of these Terms will continue in full force and effect.
SECTION 16 — TERMINATION
Any obligations and liabilities incurred prior to termination will survive the end of this agreement.
These Terms remain in effect unless terminated by you or us. You may terminate at any time by notifying us that you no longer wish to use our services or by ceasing to use the site.
We may terminate your access at any time, without notice, if we reasonably believe you have breached any of these Terms. Upon termination, you remain liable for any outstanding amounts owed up to and including the date of termination.
SECTION 17 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on our site, constitute the entire agreement between you and Marigold Collections Australia regarding your use of the Service. They supersede all prior agreements, communications and proposals — whether oral or written — including any previous versions of these Terms.
Any ambiguity in the interpretation of these Terms shall not be construed against either party solely on the basis of who drafted them.
SECTION 18 — GOVERNING LAW
These Terms and any agreements under which we provide services to you are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for the resolution of any disputes.
Your statutory rights under the Australian Consumer Law and other applicable Commonwealth and state legislation are not affected by these Terms. Nothing in this clause limits any statutory rights available to New Zealand consumers that cannot be excluded under New Zealand law, including rights under the Consumer Guarantees Act 1993 (NZ).
SECTION 19 — CHANGES TO THESE TERMS
The most current version of these Terms is always available on this page. We reserve the right to update or replace any part of these Terms at our discretion by posting changes to our website.
It is your responsibility to check this page periodically for updates. Your continued use of the website or Service after any changes are posted constitutes your acceptance of the revised Terms.
SECTION 20 — FULFILMENT AND SHIPPING
Our Hybrid Fulfilment Model
Marigold Collections Australia operates a hybrid fulfilment model, combining Australian-stocked ready-to-ship items with a made-to-order range fulfilled by our overseas production partner. All orders, payments, refunds and customer enquiries are handled exclusively by Marigold Collections Australia (Administration Office: Suite 207, Tenancy 111, 793 Burke Road, Camberwell VIC 3124, Australia) — an Australian-owned and registered business with local customer care.
We do not outsource our customer service. All support is managed in Australia, keeping jobs here and ensuring you deal with a local team throughout your experience with us.
Our production partner is SA8000 certified, meaning they collaborate exclusively with socially and environmentally responsible manufacturers.
Made-to-Order
Our made-to-order items are produced specifically for you after your order is placed. This demand-driven model eliminates overproduction, reduces waste, and avoids overstock — representing a more sustainable approach to retail.
Each made-to-order piece is crafted by our overseas production partner and delivered directly to your door via trusted local delivery partners — including Australia Post, NZ Post, and local couriers — bypassing the traditional wholesale supply chain, reducing waste, and giving you access to globally sourced fashion from an Australian-owned online boutique. This gives Australian and New Zealand customers access to curated global fashion that may otherwise only be available through international boutiques, with the security and convenience of an Australian-based business managing your order end-to-end.
Australian-Made & Australian-Owned Products
In addition to our made-to-order range, we stock a curated selection of Australian-made products and items sourced from Australian-owned wholesale businesses and Australian artists. We are an authorised stockist for these suppliers and purchase these items in bulk for dispatch from our Australian inventory. Going forward, Australian-made and select Australian-owned products will be the only items held in stock at our Australian location.
Where an order contains both ready-to-ship and made-to-order items, these will be shipped in separate parcels to ensure the fastest possible delivery for in-stock items. As an extra service, our customer care team will gladly liaise with couriers on your behalf — saving you the time and effort of chasing delivery updates yourself.
Returns
Your rights in the event of a faulty item or an item that does not match its description remain fully protected under the Australian Consumer Law and, for New Zealand customers, the Consumer Guarantees Act 1993 (NZ).
Please refer to our Refund Policy for full details.
Customs Duties & Import Taxes
Please be aware that customs duties and import taxes may apply depending on your order value and destination.
Australia
- Orders with a total customs value under $1,000 AUD: No customs duties, import fees or taxes are payable upon delivery.
- Orders over $1,000 AUD: The customer is responsible for all applicable customs duties, GST, and associated import and clearance fees. Please note: if your made-to-order item has a customs value exceeding $1,000 AUD, import duties and GST will apply and are the customer's responsibility.
New Zealand
- Orders under $1,000 NZD: As of 1 April 2026, NZ Customs applies a Low-Value Goods Levy of approximately $2.54 NZD + GST per parcel. This fee is payable to NZ Post before your parcel is released. NZ Post will notify you via SMS or email upon arrival of your parcel in Auckland with a secure payment link. For assistance, contact NZ Post Customer Care on +64 9 977 0102, or reach out to us if you are unable to contact NZ Post. Levy amounts are set by the NZ Government and subject to change — refer to the NZ Customs website for current information.
- Orders over $1,000 NZD: The customer is responsible for all applicable customs duties, GST, and associated import and clearance fees.
Important: Exchange rates fluctuate daily. New Zealand customers should confirm the current AUD to NZD conversion rate to determine whether their order falls above or below the $1,000 NZD threshold.
Per these Terms, customers are responsible for all applicable border management levies and customs charges.
SECTION 21 — LOYALTY & SUBSCRIBER GIFTING
From time to time, we may send complimentary gifts, samples or rewards to customers who have subscribed to our mailing list or loyalty program. By subscribing and providing your shipping address, you consent to us using that information to send you these items. You may opt out at any time by contacting us or unsubscribing from our communications.
SECTION 22 — GIFT WITH PURCHASE (GWP) POLICY
If an order that included a complimentary gift is returned for change of mind, the free gift must also be returned in its original, unopened packaging. If the gift is not returned, its retail value will be deducted from the final refund amount.
SECTION 23 — FAIR USE & CHANGE-OF-MIND RETURNS
Change-of-mind returns are accepted only for orders under $500 AUD. Orders valued at $500 AUD or more are considered final sale and are not eligible for change-of-mind returns.
To protect product availability for all customers and support our boutique, we monitor return frequency. Marigold Collections Australia reserves the right to decline change-of-mind return requests from accounts with an excessive return history — specifically where a significant and consistent volume of items is returned over time.
SECTION 24- BLOG CONTENT
The content published on our blog is provided for informational and inspirational purposes only. All blog posts, images, and written content are the intellectual property of Marigold Collections Australia and may not be reproduced, distributed, or republished without prior written permission.
Opinions and recommendations expressed in blog posts reflect our views at the time of publication and are subject to change. We do not accept liability for any reliance placed on blog content.
User comments, if enabled, must be respectful and relevant. We reserve the right to remove any comments that are offensive, misleading, or in violation of these terms.
SECTION 25 — CONTACT INFORMATION
For questions about these Terms of Service or any aspect of your order, please contact us:
Marigold Collections Australia Email: customer.service@marigoldkids.com.au
Administration Office: Suite 207, Tenancy 111, 793 Burke Road, Camberwell VIC 3124, Australia
Parcels & Returns Address: Suite 6043, Ground Floor Shop 24, 619 Doncaster Road, Doncaster VIC 3108, Australia