Terms of service

Effective date: 14 May 2026

By using our site or placing an order, you agree to the following Terms.

3.1 About us

These Terms govern your use of averagegary.com, averagegary.com.au, and any related services, pages, content or features operated by Average Gary.

“Average Gary”, “we”, “us” and “our” refers to Average Gary, an Australian general partnership operating under a registered business name.

Contact: help@averagegary.com
ABN: 76 958 695 279
Entity structure: General partnership

3.2 Acceptance

By accessing our Site, browsing our products, creating an account, contacting us, or placing an order, you agree to these Terms and our Privacy Policy.

If you do not agree, please do not use the Site.

3.3 Eligibility

You must be at least 18 years old, or have permission from a parent or legal guardian, to place an order.

By placing an order, you confirm that the information you provide is true, accurate and complete.

3.4 Products

We try to describe and display our products as accurately as possible. However, you acknowledge that:

  • Colours may appear slightly different depending on screens, devices, lighting and photography

  • Print, embroidery, finish, scale and placement may vary slightly

  • Product measurements may vary within normal manufacturing tolerances

  • Product materials, finishes, sizing and availability may vary by supplier or product type

  • Product images may be mockups, lifestyle images, samples or digital representations

We may update, modify, replace, remove or discontinue any product, design, size, colour, range, collection or product description at any time.

3.5 Pricing

All prices are in Australian Dollars unless otherwise stated.

Shipping may be included in the product price unless otherwise stated at checkout.

We are not currently registered for GST. Prices do not include GST.

Prices, discounts, promotions, product offers and shipping arrangements may change without prior notice.

Promotional codes, including codes such as FIRSTROUND, are subject to their own conditions and may be changed, limited, withdrawn, paused or cancelled at any time.

3.6 Orders

When you place an order, you will usually receive an automated confirmation email.

An order confirmation does not guarantee acceptance of your order.

We reserve the right to refuse, cancel, limit or amend an order at our discretion, including where there is:

  • Suspected fraud

  • Incorrect customer information

  • Pricing error

  • Product error

  • Stock or fulfilment issue

  • Supplier issue

  • Payment issue

  • Breach of these Terms

  • Unusual or suspicious order activity

If we cancel an order after payment has been taken, we’ll refund the amount paid for the cancelled item or order.

3.7 Payment

Payments are processed through Shopify Payments and/or other approved third-party payment providers.

By placing an order, you authorise us or our payment processor to charge the payment method provided.

We do not store your full payment card details.

3.8 Shipping and delivery

Shipping, delivery and fulfilment are subject to our Shipping Policy.

Delivery timeframes are estimates only and may vary depending on product availability, fulfilment requirements, shipping method, carrier availability, delivery address, public holidays, peak periods and circumstances outside our reasonable control.

We are not responsible for delays caused by carriers, weather events, public holidays, customs processes, incorrect delivery information, fulfilment disruptions, supplier delays or other circumstances outside our reasonable control.

Where practical, we’ll take reasonable steps to assist with shipping issues that are brought to our attention.

3.9 Returns and refunds

Returns and refunds are subject to our Returns & Refunds Policy.

Nothing in these Terms or our Returns & Refunds Policy limits your rights under Australian Consumer Law.

3.10 Intellectual property

All content on the Site, including the Average Gary name, logos, designs, illustrations, graphics, photographs, product names, written content, website copy, layouts and branding, is owned by us or used with permission.

This content is protected by copyright, trade mark and other intellectual property laws.

You may not copy, reproduce, distribute, modify, sell, resell, exploit or use any part of our content without our prior written permission.

3.11 User-generated content

If you submit a review, comment, photo, video, tag, post, message or other content involving Average Gary, our products or our brand, you grant us a non-exclusive, royalty-free, worldwide, perpetual licence to use, display, reproduce, edit, share and publish that content for marketing, promotional, social media, advertising and business purposes.

You acknowledge that:

  • We may use the content without paying you

  • We may credit you where practical, but are not required to

  • We may edit or format the content to suit different platforms

  • You are responsible for ensuring you have the right to share the content

  • The content must not infringe the rights of another person or business

3.12 Acceptable use

You agree not to:

  • Use the Site for unlawful purposes

  • Attempt to gain unauthorised access to the Site, systems, accounts or data

  • Scrape, copy or systematically extract data from the Site

  • Interfere with the Site’s operation

  • Upload or transmit harmful code

  • Harass, defraud, abuse or harm another person

  • Misuse our products, content, branding or services

  • Breach any applicable law or regulation

3.13 Limitation of liability

To the maximum extent permitted by law:

  • The Site and products are provided on an “as is” and “as available” basis

  • We do not guarantee the Site will be uninterrupted, error-free or free from harmful components

  • We are not liable for indirect, incidental, consequential, special or punitive damages

  • Our total liability to you in connection with any product is limited to the amount you paid for that product

Nothing in these Terms excludes, restricts or modifies any rights you have under Australian Consumer Law that cannot legally be excluded.

3.14 Indemnification

You agree to indemnify and hold harmless Average Gary, its partners, representatives, contractors and service providers from claims, losses, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of:

  • Your breach of these Terms

  • Your misuse of the Site

  • Your infringement of another person’s rights

  • Any unlawful, fraudulent or harmful conduct by you

3.15 Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

Any disputes arising from these Terms, the Site, or your purchase of products from us will be resolved in the courts of New South Wales, Australia.

3.16 Changes to these Terms

We may update, amend or replace these Terms, policies, shipping options, product details, pricing, fulfilment methods or website content at any time.

Any changes will take effect once published on our website, unless otherwise stated.

It is your responsibility to review the current version of these Terms and policies before making a purchase.

Your continued use of the Site after changes are published means you accept the updated Terms.

3.17 Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, the remaining parts will continue in full force and effect.

3.18 Contact

Average Gary
help@averagegary.com
ABN: 76 958 695 279