Terms of Service

Last updated: August 2026

1. Overview

Welcome to Esses & Co.

These Terms of Service govern your use of our website, online store and any related products, features or services provided by Esses & Co. (“we”, “us” or “our”).

Our online store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.

By accessing our website or placing an order, you agree to these Terms of Service together with our Privacy Policy, Returns & Refunds Policy and any other policies displayed on our website.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.

2. Using Our Store

You may use our website and purchase our products for lawful personal or household purposes.

You agree that any information you provide when placing an order, including your name, email, delivery address and payment information, is accurate and complete.

You must not misuse our website, attempt to interfere with its operation, introduce malicious software, scrape or copy content without permission, or use our website for unlawful purposes.

3. Our Products

We aim to describe and display our products as accurately as possible.

Product colours may appear slightly different depending on your screen, device settings, lighting and photography.

Product specifications, colours, availability and designs may change from time to time.

Please refer to the individual product page for information relating to fabric, sizing, fit and care instructions.

Unless expressly stated otherwise, Esses & Co. products are independently created motorsport-inspired products and are not official merchandise or affiliated with, endorsed by or sponsored by Formula 1, any motorsport championship, racing team or driver.

4. Apex Collection Pre-Orders

The Apex Collection is offered using a pre-order model.

When you place a pre-order, you are purchasing an item that is not necessarily held in ready-to-ship inventory at the time of purchase.

Once the advertised pre-order period closes, we use confirmed customer orders to determine final production quantities and submit the order for production.

Estimated production and dispatch timeframes will be displayed on our website before the relevant pre-order period begins.

Production and dispatch dates are estimates and may occasionally change due to circumstances outside our reasonable control. If there is a material delay affecting your order, we will make reasonable efforts to keep you informed.

If you need to request a change or cancellation to a pre-order, please contact us as soon as possible. We will do our best to assist before the final production order is submitted. Once production has commenced, changes or cancellations may not always be possible.

Nothing in this section limits your rights under Australian Consumer Law.

5. Orders

Placing an order through our website constitutes an offer to purchase the selected products.

An order is confirmed when payment has been successfully processed and you receive an order confirmation from us.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

• a product is unavailable

• pricing or product information contains a genuine error

• payment cannot be processed

• we reasonably suspect fraud or misuse of our website

• we are unable to fulfil the order

If we cancel an order after payment has been received, we will provide an appropriate refund.

Please review your design, colour, size, delivery address and other order details carefully before completing checkout.

6. Prices and GST

All prices displayed on our Australian online store are in Australian dollars (AUD).

Unless otherwise stated, displayed prices are inclusive of GST where GST applies.

Shipping charges are shown separately during checkout.

We may change product prices from time to time. Any price change will not affect an order that has already been confirmed, except where required to correct a genuine pricing error.

7. Payment

Payment must be made using one of the payment methods available at checkout.

Payment processing services may be provided by Shopify and other third-party payment providers.

By providing payment details, you confirm that you are authorised to use the selected payment method.

8. Shipping and Delivery

We currently ship within Australia.

Available shipping methods and charges are displayed at checkout.

For pre-order products, production time occurs before shipping time begins.

Selecting Express Shipping does not accelerate the manufacture or production of a pre-order. Express Shipping only affects the delivery method used after your order is ready for dispatch.

Delivery timeframes are estimates and may be affected by carrier delays or circumstances outside our reasonable control.

Tracking information will be provided where available once your order has been dispatched.

If your order does not arrive or you experience an issue with delivery, please contact us so we can assist.

9. Returns, Exchanges and Refunds

Returns, exchanges and refunds are handled in accordance with our Returns & Refunds Policy.

We do not generally provide refunds for change of mind. However, customers may contact us and we will consider whether a suitable solution is available.

Where we agree to accept a change-of-mind return, return shipping costs are the responsibility of the customer.

Pre-order products may have limited availability for size exchanges because final production quantities are based on confirmed pre-orders.

Nothing in our Returns & Refunds Policy or these Terms limits any rights or remedies available to you under Australian Consumer Law.

10. Australian Consumer Law

Our products come with consumer guarantees that cannot be excluded under Australian Consumer Law.

Where Australian Consumer Law provides you with a right to a repair, replacement, refund or other remedy, those rights apply regardless of anything stated elsewhere in these Terms or our store policies.

11. Intellectual Property

Unless otherwise stated, the content of this website, including Esses & Co. branding, logos, original artwork, graphics, photographs, written content, website design and product designs, is owned by or licensed to Esses & Co.

You may access our website for your personal, non-commercial use.

You must not reproduce, copy, distribute, modify, publish, sell or commercially exploit our content without our prior permission, except where permitted by law.

Third-party names, trademarks and intellectual property remain the property of their respective owners.

12. Third-Party Services and Links

Our website may contain links to or integrations with services operated by third parties.

We are not responsible for the content, privacy practices or operation of third-party websites or services that we do not control.

Where you choose to use a third-party service, that service may also be subject to its own terms and privacy policy.

13. Relationship With Shopify

Esses & Co. is powered by Shopify, which enables us to provide our online store and related services.

Any sale or purchase made through our store is made directly between you and Esses & Co.

Shopify is not the seller of the products offered by Esses & Co. and is not responsible for fulfilling your order or providing customer support in relation to your purchase from us.

Your use of certain Shopify services or features may also be subject to Shopify’s own terms and privacy policies.

14. Privacy

Our collection, use and handling of personal information is governed by our Privacy Policy.

Certain information may also be collected and processed by Shopify and other service providers that help us operate our store, process payments, fulfil orders, deliver communications and provide related services.

Please refer to our Privacy Policy for further information.

15. Website Information and Errors

We aim to ensure information on our website is accurate and up to date.

Occasionally, information may contain an error or omission relating to matters such as product descriptions, availability, prices, promotions or shipping.

Where we identify an error, we may correct or update the information.

If an error materially affects an order you have already placed, we will contact you where appropriate and provide any remedy required by law.

16. Reviews, Feedback and Customer Content

If you voluntarily provide us with a product review, photograph, feedback or other content, you confirm that you have the right to provide that material.

We may ask for your permission to use customer-created photographs or other identifiable content for marketing purposes.

You must not submit content that is unlawful, misleading, defamatory, abusive or infringes another person’s intellectual property or privacy rights.

17. Availability of the Website

We may occasionally change, update, suspend or temporarily restrict parts of our website for maintenance, security, operational or technical reasons.

We do not guarantee that our website will always be available without interruption.

Nothing in this section limits any rights you may have in relation to an order you have already placed.

18. Liability

To the maximum extent permitted by law, Esses & Co. is not responsible for indirect or consequential loss arising solely from your use of our website where such loss could not reasonably have been anticipated.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability or remedies arising under Australian Consumer Law that cannot lawfully be excluded.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, products, practices or legal requirements.

The current version will be published on our website together with the date it was last updated.

Any material change affecting an existing order will be handled in accordance with applicable law.

20. Governing Law

These Terms are governed by the laws of Victoria, Australia, together with applicable Commonwealth laws of Australia.

Nothing in this section limits any rights you may have under applicable consumer protection legislation.

21. Contact Us

If you have a question about these Terms, an order or our store, please contact us through the Contact Us page on our website or email helloessesandco@gmail.com

Our branded business email address will also be added here before launch.