Terms & Conditions

PART A — WEBSITE & LEGAL

1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of the ELLAH website (“Website”) and the purchase of any products offered by ELLAH Co.

ELLAH Co. is the legal entity operating the ELLAH brand. ELLAH is a registered trademark and the name under which our clothing label trades. References to “ELLAH Co.” in these Terms are to the legal entity; references to “ELLAH” are to the brand and its operations.

By accessing our Website, creating an account, or placing an Order, you agree to be bound by these Terms. If you do not agree, you must not use the Website.

These Terms are to be read in conjunction with our Privacy Policy, Shipping Policy and Returns Policy, each of which forms part of the agreement between you and ELLAH Co. In the event of any inconsistency between these Terms and those policies, these Terms prevail.

2. Definitions

In these Terms:

"ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Business Day" means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia.

"Customer" means any person who accesses the Website, creates an account, or purchases Products from us. Also referred to as “you” or “your”.

"Final Sale" means Products sold at a discounted price during a sale or promotional event that are expressly designated as not eligible for return, exchange or store credit.

"Order" means any request submitted by a Customer to purchase Products through the Website.

"Pre-Order" means a Product available for purchase prior to its availability for immediate dispatch, with an estimated dispatch date provided at the time of purchase.

"Products" means all goods offered for sale by ELLAH through the Website.

"Store Credit" means a credit issued by ELLAH Co. in the form of a unique gift card code, redeemable against future purchases on the Website.

"Website" means any website, mobile site, application or online store operated by ELLAH, including www.ellah.com.au.

"We, us, our and ELLAH Co." means ELLAH Co., the partnership registered in Australia (ABN: 32 100 716 551) that owns and operates the ELLAH brand.

3. Eligibility

You must be at least 18 years of age to use the Website and purchase Products. By placing an Order, you warrant that you are 18 years of age or over, or that you have obtained the consent of a parent or legal guardian.

By placing an Order, you also warrant that all information provided is accurate, complete and current.

4. Account Security

Where you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account. You must notify us immediately at support@ellah.com.au if you suspect any unauthorised use of your account.

5. Website Use

You must not use the Website for any unlawful purpose or in any way that could damage, disable or impair the Website or interfere with any other user’s access. Without limiting the above, you must not:

• attempt to gain unauthorised access to any systems, data or accounts
• introduce viruses, malware, ransomware or other malicious code
• harvest, scrape or collect customer or product information without consent
• use automated technologies to extract Website content without our prior written consent
• misrepresent your identity or affiliation with any person or entity

We reserve the right to suspend or terminate access to the Website where misuse is suspected, without notice and without liability.

6. AI, Scraping and Data Mining Restrictions

You must not use any automated technology, artificial intelligence model, crawler, scraper, robot or similar tool to access, extract, reproduce, analyse, store or exploit any content from the Website without our prior written consent. This restriction applies to:

• product imagery and descriptions
• pricing and inventory information
• customer reviews and testimonials
• marketing and promotional materials
• all other proprietary Website content

Breach of this clause may result in immediate suspension of access and legal action.

7. Third-Party Services

The Website may contain links to third-party websites, applications or services. ELLAH Co. is not responsible for the content, privacy practices, products, services or availability of any third-party service. Accessing third-party services is entirely at your own risk. We encourage you to review the terms and privacy policies of any third-party service before use.

8. Privacy

Your use of the Website is governed by our Privacy Policy, which is available on our Website and incorporated into these Terms by reference. By using the Website, you consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

9. Intellectual Property

All intellectual property rights in and to the Website and its content remain the exclusive property of ELLAH Co. or its licensors. This includes logos, trademarks, product designs, graphics, photographs, videos, product descriptions, marketing materials and all other Website content.

No content may be copied, reproduced, modified, distributed, displayed, sold or otherwise exploited without our prior written consent. Unauthorised use of ELLAH intellectual property may constitute an infringement of copyright, trade mark and other applicable laws.

10. User Generated Content

Where you submit content directly to ELLAH Co. — including testimonials, photographs or videos provided via email or direct communication — you grant ELLAH Co. a perpetual, worldwide, royalty-free, irrevocable licence to use, reproduce, edit, publish, distribute and display such content for commercial, promotional and marketing purposes.

You warrant that you own all rights in the content submitted, that the content does not infringe any third-party rights, and that the content is lawful and accurate.

Reviews and ratings submitted through our third-party review platform are governed by that platform’s own terms and conditions. ELLAH Co. does not control the collection or storage of reviews submitted through third-party platforms.

11. Social Media Content and UGC Licence

ELLAH regularly shares content created by our community across our social media channels and marketing materials. By tagging @ellah, using any ELLAH-designated hashtag, or otherwise publicly mentioning or engaging with ELLAH on Instagram, TikTok or Facebook, you acknowledge and agree that:

• ELLAH Co. may repost, share or otherwise use your content across its social media channels, website, advertising and marketing materials
• such use is royalty-free and does not require further permission or compensation
• ELLAH Co. will make reasonable efforts to credit the original creator where practical

If you do not wish your content to be used in this way, please do not tag or publicly mention ELLAH, or contact us at support@ellah.com.au to request removal of any specific content.

You warrant that you own all rights in any content you publicly associate with ELLAH, and that such content does not infringe the rights of any third party.

12. Competitions and Giveaways

ELLAH may from time to time run competitions, giveaways and prize promotions on Instagram, TikTok and Facebook (“Competitions”). Each Competition will be subject to specific terms and conditions published at the time of the promotion.

Unless otherwise stated in the specific Competition terms:

• Competitions are open to Australian residents aged 18 years or over
• Competitions are not sponsored, endorsed, administered by or associated with Instagram, TikTok or Facebook
• any data collected as part of a Competition is collected by ELLAH Co., not the relevant platform
• Competition entries must comply with these Terms and any additional Competition-specific terms
• prizes have no cash value and are not transferable
• ELLAH Co. reserves the right to disqualify entries that do not comply with Competition terms or that are the result of fraudulent activity
• winners will be notified via direct message on the relevant platform and must respond within 7 Business Days or a redraw may occur
• Note: Depending on the prize value and state of residence of entrants, trade promotion lottery permits may be required in New South Wales, the Australian Capital Territory, South Australia or the Northern Territory. Specific Competition terms will confirm applicable permit details.

PART B — PRODUCTS

13. Products

We make reasonable efforts to ensure Products are accurately displayed on the Website.

However:

• colours may vary depending on device settings, screen calibration and photography lighting
• measurements are approximate and provided as a guide only
• fabrics and trims may vary slightly between production runs
• Products may be updated, modified or discontinued without notice

Minor variations do not constitute defects. Product imagery is intended as a guide only and does not form part of any contract of sale.

14. Product Availability

We endeavour to ensure all Products displayed on the Website are available for purchase. However, inventory discrepancies may occur. We reserve the right to cancel, refuse or amend any Order where:

• inventory records are inaccurate or stock is unavailable
• Products are oversold due to technical error
• technical issues affect stock availability at checkout

Where an Order is cancelled for any of the above reasons, customers will be offered a full refund to the original payment method.

We will notify you as soon as practicable.

15. Quality and Manufacturing Variations

Each ELLAH garment is manufactured to meet our quality standards. However, minor variations may occur between garments as an inherent result of the manufacturing process, including stitch placement, fabric texture, colour tone, print or embroidery placement, and measurements within accepted industry tolerances.

Such variations do not constitute manufacturing defects. Products containing natural fibres may also exhibit characteristics including pilling, natural stretching and recovery, minor shrinkage, and colour or textural variation over time. These are inherent properties of natural fibres and are not defects.

Where ELLAH Co. considers it commercially reasonable, non-essential trims, labels, elastics, buttons, drawcords or packaging components may be substituted between production runs without notice. Such substitutions will not materially affect the intended use of the Product.

16. Sizing and Measurements

Sizing information is provided as a guide only. Due to manufacturing tolerances, measurements may vary by up to 2cm from published size guides. Customers are responsible for reviewing sizing information before purchase. Variations within accepted industry tolerances do not constitute defects.

17. Product Care

Customers must follow all garment care instructions as supplied on care labels, packaging or product pages. ELLAH Co. is not responsible for damage caused by incorrect washing, drying, heat exposure, bleaching, use of harsh detergents or improper storage. Damage caused by failure to follow care instructions is not considered a manufacturing defect and is not eligible for return or refund under our Returns Policy.

PART C — PRICING & PROMOTIONS

18. Pricing

Unless otherwise stated, all prices are displayed in Australian Dollars (AUD) and include GST where applicable. Prices exclude shipping charges unless expressly stated otherwise and are subject to change without notice. The final price payable is the price displayed at checkout at the time your Order is placed.

19. Pricing and Website Errors

While we endeavour to ensure all pricing and product information is accurate, errors may occur. We reserve the right to correct any pricing, promotional, shipping or technical errors at any time. Where an error affects an Order already placed, we may cancel the Order and provide a full refund to the original payment method. ELLAH Co. is not obliged to supply Products at an incorrect price.

20. Launch Events and System Error Protection

During product launches, sales, promotions and other high-volume events, technical issues may result in inventory discrepancies, duplicate Orders, incorrect pricing or checkout errors. We reserve the right to cancel affected Orders, adjust quantities purchased, correct inventory allocations and refund affected transactions. Such actions do not constitute a breach of contract.

21. Promotional Offers and Discount Codes

Promotions may be amended, withdrawn or suspended at any time without notice. Unless expressly stated otherwise:

• promotions cannot be combined with any other offer or discount code
• discount codes cannot be applied retrospectively to Orders already placed
• promotions have no cash value and cannot be sold or transferred
• promotions apply only during the advertised promotional period

We reserve the right to cancel Orders where promotions have been used fraudulently or in a manner inconsistent with these Terms.

22. Price Adjustment Policy

ELLAH Co. does not provide refunds, credits or price adjustments where Products purchased prior to a promotion subsequently become available at a discounted price. Promotional pricing applies only during the advertised promotional period.

23. Gift Cards

Gift cards issued by ELLAH Co.:

• are non-refundable and cannot be redeemed for cash
• cannot be replaced if lost or stolen
• expire within 12 months
• must be redeemed in accordance with Australian law
• may be subject to additional terms displayed at the time of purchase

PART D — ORDERS & PAYMENT

24. Order Acceptance

An Order submitted through the Website constitutes an offer to purchase Products. An automated order confirmation email acknowledges receipt of your Order but does not constitute acceptance by ELLAH Co. A binding contract is formed only when ELLAH Co. accepts your Order and dispatches the Products.

We reserve the right to refuse, limit, cancel or amend any Order, including where:

• Products become unavailable after an Order is placed
• pricing or inventory errors are identified
• the transaction is suspected of being fraudulent or in breach of these Terms
• quantities ordered appear inconsistent with personal use

Where payment has already been processed and an Order is cancelled, a full refund will be issued to the original payment method.

25. Payment

We accept the payment methods displayed at checkout. Payment must be received in full before Products are dispatched. By submitting payment, you warrant that you are authorised to use the payment method provided, that all payment information is accurate and complete, and that the transaction is legitimate and authorised.

Fraudulent transactions may be reported to relevant financial institutions and law enforcement authorities.

26. Fraud Prevention and Identity Verification

To protect customers and our business, ELLAH Co. reserves the right to verify customer identity, payment information and delivery details prior to dispatch. Verification measures may include identity confirmation, address verification, payment method verification and requests for supporting documentation. Failure to provide requested information within a reasonable timeframe may result in Order cancellation and refund.

27. Chargebacks and Payment Disputes

Customers agree to contact ELLAH Co. directly at support@ellah.com.au within 14 Business Days of an issue arising to seek resolution before initiating a chargeback or payment dispute with their financial institution.

Where a chargeback is initiated, ELLAH Co. reserves the right to provide supporting evidence to the relevant financial institution, including order records, shipment confirmations, tracking information and customer communications.

Nothing in this clause limits rights available under the Australian Consumer Law.

28. Reseller Restriction

Products purchased from the Website are intended for personal use only. Without our prior written consent, Products must not be purchased for commercial resale, distribution, wholesale supply or marketplace resale. We reserve the right to cancel Orders and restrict access where purchasing activity appears inconsistent with personal use.

PART E — SHIPPING & DELIVERY

29. Shipping

Shipping rates, delivery estimates and free shipping thresholds are set out in our Shipping Policy, which is available on our Website and incorporated into these Terms by reference. All delivery estimates are indicative only and are not guaranteed.

Risk in Products passes to you upon delivery to the address specified in your Order. Ownership of Products transfers to you only after full payment has been received and confirmed.

30. Delivery Delays

ELLAH Co. is not responsible for delays in delivery caused by circumstances outside our reasonable control, including Australia Post operational delays, adverse weather events, industrial action, incorrect address details or other circumstances beyond our control. Such delays do not constitute a breach of contract except as required by the Australian Consumer Law.

31. Incorrect Shipping Details

Customers are responsible for ensuring all shipping information provided at checkout is accurate and complete. Where incorrect or incomplete delivery information is supplied, additional shipping charges may apply, delivery delays may occur, and ELLAH Co. will not be responsible for Products delivered to an incorrectly supplied address.

32. Refused Deliveries and Returned Parcels

Where a parcel is refused by the customer, unclaimed from a collection point, or returned to sender due to incorrect information supplied by the customer, ELLAH Co. reserves the right, where permitted by law, to deduct original shipping costs and return shipping costs from any refund issued. Handling fees will not be charged.

33. Pre-Orders

Where Products are sold on a Pre-Order basis, all delivery dates provided are estimates only. Production and delivery schedules may be affected by supplier delays, manufacturing delays, freight disruptions, customs processing or other circumstances beyond our reasonable control. Customers acknowledge that estimated delivery dates may change without notice.

Orders containing Pre-Order items may be held until all items are available for dispatch, unless otherwise stated at the time of purchase. If a Pre-Order product is cancelled by ELLAH Co. for any reason, a full refund will be issued to the original payment method within 5 Business Days.

Delays to Pre-Order delivery dates do not constitute grounds for compensation, except as required by the Australian Consumer Law.

PART F — RETURNS

34. Returns and Exchanges

Our Returns Policy governs eligibility for returns, exchanges, refunds and Store Credit and is available on our Website. The Returns Policy is incorporated into these Terms by reference. In the event of any inconsistency between the Returns Policy and these Terms, these Terms prevail.

Nothing in these Terms or our Returns Policy excludes, restricts or modifies any right or remedy available to you under the Australian Consumer Law.

35. Final Sale Items

Products designated as Final Sale at the time of purchase are not eligible for return, exchange or Store Credit. Final Sale status is clearly communicated at the time of purchase. Final Sale designation does not affect your rights under the Australian Consumer Law in the event of a genuine manufacturing fault or major failure.

36. Gift Card Returns

Gift cards purchased from ELLAH Co. are not eligible for return or refund except as required by the Australian Consumer Law.

37. Excessive Returns Protection

ELLAH Co. reserves the right to monitor return activity and investigate behaviour inconsistent with genuine consumer purchasing patterns. Where we reasonably believe a customer is misusing our returns process, we reserve the right to refuse future returns, restrict future purchases, suspend customer accounts or cancel pending Orders.

Examples of behaviour that may be considered misuse include repeated purchasing with the primary intention of returning most items, frequent return of worn or used products, abuse of promotional offers, and repeated initiation of chargebacks or payment disputes without first contacting ELLAH Co.

Nothing in this clause affects rights available under the Australian Consumer Law.

PART G — LEGAL RIGHTS & LIABILITY

38. Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:

• a replacement or refund for a major failure
• compensation for any other reasonably foreseeable loss or damage
• repair or replacement if goods fail to be of acceptable quality and the failure does not amount to a major failure

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

39. Disclaimer

To the maximum extent permitted by law:

• Website content is provided on an “as is” basis without warranty of any kind
• we make no warranty regarding the completeness, accuracy or reliability of Website content
• we do not guarantee uninterrupted or error-free access to the Website
• product descriptions, sizing information and imagery are intended as guides only

Individual experiences with fit, comfort, performance and durability may vary depending on body shape, use, garment care and environmental conditions.

40. Limitation of Liability

To the maximum extent permitted by law, ELLAH Co.’s liability arising from or in connection with the supply of Products or use of the Website is limited to one or more of the following remedies at ELLAH Co.’s election: repair of the Product, replacement of the Product, refund of the purchase price, or resupply of services.

To the maximum extent permitted by law, ELLAH Co. will not be liable for any indirect, consequential, incidental or special loss, including loss of profits, revenue, opportunity or data, arising from your use of the Website or purchase of Products.

Where liability cannot be excluded by law, it is limited to the maximum extent permitted by law.

41. Indemnity

You agree to indemnify and hold harmless ELLAH Co., its partners, officers, employees, contractors and affiliates from and against any claims, losses, damages, liabilities, costs and expenses arising from your breach of these Terms, your misuse of the Website, your violation of any applicable law, or your infringement of any third-party rights.

42. Force Majeure

ELLAH Co. is not liable for any delay or failure to perform obligations arising from circumstances beyond our reasonable control, including natural disasters, floods, bushfires, pandemics, government actions, telecommunications failures, cyber-attacks, transport disruptions, industrial disputes or utility failures. Where such an event occurs, affected obligations will be suspended for the duration of the event. If the event continues for more than 30 days, either party may terminate the affected Order and a full refund will be issued.

PART H — GENERAL

43. Entire Agreement

These Terms, together with our Privacy Policy, Returns Policy and Shipping Policy, and any specific Competition terms published from time to time, constitute the entire agreement between ELLAH Co. and the customer with respect to the use of the Website and the purchase of Products. They supersede all prior representations, arrangements, understandings or agreements.

44. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

45. Changes to These Terms

We may update these Terms at any time. Changes take effect immediately upon publication on the Website unless otherwise stated. Your continued use of the Website following publication of updated Terms constitutes your acceptance of those changes. We recommend reviewing these Terms periodically.

46. Governing Law

These Terms are governed by the laws of Australia and the State of New South Wales. Any dispute arising from or relating to these Terms or your use of the Website shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

47. Contact Us

For any enquiries relating to these Terms, please contact us at support@ellah.com.au. We aim to respond to all enquiries within 1–2 Business Days.

ELLAH Co.

ABN: 32 100 716 551

Email: support@ellah.com.au

Website: www.ellah.com.au

Business Address: PO Box 637 St Ives, NSW, 2075

© 2026 ELLAH Co. All rights reserved.