TERMS OF SERVICE

DANIEL AVAKIAN Effective Date: May 2026

Welcome to DANIEL AVAKIAN ABN: 87 728 593 434 (“Website”).

These Terms of Service (“Terms”) govern your use of the Website and all purchases, services, content, products, and interactions provided by DANIEL AVAKIAN(“Company”, “we”, “us”, “our”). By accessing the Website or placing an order, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1. COMPANY DETAILS:

Business Name: DANIEL AVAKIAN
Operating Entity:The Trustee of Danou Trust
ABN: 87 728 593 434
Email: info@danielavakian.com
Website: www.danielavakian.comAttachment.png

2. ELIGIBILITY:

By using this Website, you confirm that: you are at least 18 years old or have the permission of a legal guardian; all information you provide is accurate and complete; you have the legal authority to enter into binding agreements.

3. PRODUCTS & SERVICES:

The Website may offer: ready-to-wear garments; made-to-order garments; bespoke/custom garments; accessories; digital products; styling services; AI-assisted recommendations; virtual consultations; virtual try-on experiences; collaborations and limited-edition releases. All products are subject to availability. We reserve the right to: discontinue products; modify collections; limit quantities; refuse orders; cancel orders at our discretion.

4. MADE-TO-ORDER & BESPOKE GARMENTS:

Many DANIEL AVAKIAN garments are produced on a made-to-order or custom basis. By placing an order for a made-to-order or bespoke item, you acknowledge and agree that: garments are manufactured specifically for you; production commences shortly after order confirmation; minor variations may occur due to artisanal production processes; colours may vary slightly between screens and physical fabrics; sizing responsibility rests partly with the customer where measurements are supplied by the customer. Custom, personalised, altered, or bespoke items are generally non-refundable except where required under Australian Consumer Law.

5. PRICING:

All prices are displayed in the currency shown on the Website. Prices may change without notice. We reserve the right to: correct pricing errors; refuse orders impacted by pricing mistakes; cancel transactions arising from technical issues. Taxes, duties, customs charges, and import fees may apply depending on your jurisdiction and are the responsibility of the customer unless otherwise stated.

6. PAYMENTS:

We accept payment methods displayed at checkout, including third-party payment providers such as: Shopify Payments; Afterpay; PayPal; other approved providers. By submitting payment information, you authorise us and our payment processors to charge the applicable amount. We do not store full payment card information.

7. ORDER ACCEPTANCE:

An order confirmation email does not constitute final acceptance. We reserve the right to: refuse or cancel orders; limit quantities; request additional verification; cancel suspected fraudulent transactions. If your order is cancelled after payment, a refund will be issued to the original payment method.

8. SHIPPING & DELIVERY:

Estimated production and delivery times are indicative only and not guaranteed. Delivery timelines may be affected by: manufacturing schedules; fabric availability; customs delays; carrier disruptions; international logistics; force majeure events. Risk in products passes to you upon delivery. You are responsible for ensuring shipping information is accurate. We are not liable for delays caused by third-party carriers or customs authorities.

9. RETURNS & EXCHANGES:

Please refer to our separate Returns Policy. Subject to Australian Consumer Law: ready-to-wear items may be eligible for exchange or store credit; made-to-order, bespoke, customised, personalised, altered, or pre-order garments are generally final sale. We reserve the right to reject returns that: show signs of wear; are damaged after delivery; are returned outside permitted timeframes; do not comply with return instructions.

10. AUSTRALIAN CONSUMER LAW:

Nothing in these Terms excludes rights available under the Australian Consumer Law. Where required by law, goods come with guarantees that cannot be excluded. You may be entitled to remedies including repair, replacement, or refund for major failures.

11. ACCOUNT REGISTRATION:

You may create an account on the Website. You are responsible for: maintaining confidentiality of your login credentials; all activity under your account; notifying us of unauthorised access. We may suspend or terminate accounts at our discretion.

12. INTELLECTUAL PROPERTY:

All Website content is owned by or licensed to DANIEL AVAKIAN, including: designs; logos; trademarks; graphics; videos; photography; text; campaigns; AI-generated assets; software; styling concepts. You may not: reproduce; copy; distribute; exploit; modify; commercialise; scrape; reverse engineer; use our content without prior written permission. All rights reserved.

13. USER CONTENT:

If you submit content to us, including: reviews; comments; images; social content; tagged content; styling submissions; measurements; testimonials, you grant us a worldwide, royalty-free, perpetual, transferable licence to use, reproduce, publish, adapt, display, and commercialise that content. You confirm that: you own or control the rights to the content; the content does not infringe third-party rights; the content is not unlawful or misleading.

14. AI, VIRTUAL STYLING & DIGITAL EXPERIENCES:

The Website may include: AI-assisted styling; virtual try-on technology; AI-generated imagery; digital avatars; automated recommendations; interactive digital experiences. These tools are provided for informational and experiential purposes only. We do not guarantee: perfect sizing outcomes; exact visual representation; uninterrupted functionality; compatibility across all devices.

15. PROHIBITED USES:

You must not: use the Website unlawfully; interfere with Website security; distribute malicious software; scrape data; impersonate others; attempt unauthorised access; use the Website for fraudulent purposes. We reserve the right to restrict access for violations.

16. THIRD-PARTY SERVICES:

The Website may integrate third-party services including: Shopify; payment providers; logistics providers; AI platforms; analytics tools; social media platforms. We are not responsible for third-party services, websites, or policies. Your use of third-party services is governed by their own terms.

17. DISCLAIMER:

To the maximum extent permitted by law: the Website is provided “as is”; we do not guarantee uninterrupted or error-free operation; we disclaim warranties except those required by law. Fashion imagery, styling, and AI-rendered content may differ from physical products.

18. LIMITATION OF LIABILITY:

To the maximum extent permitted by law, DANIEL AVAKIAN and The Trustee of Danou Trust ABN: 87 728 593 434 are not liable for: indirect loss; consequential loss; loss of profits; reputational damage; business interruption; data loss; delays; shipping disruptions. Our total liability is limited to the amount paid for the relevant product or service.

19. INDEMNITY:

You agree to indemnify and hold harmless DANIEL AVAKIAN, affiliates, directors, employees, contractors, and partners from claims arising from: your breach of these Terms; misuse of the Website; violation of law; infringement of third-party rights.

20. FORCE MAJEURE:

We are not liable for delays or failures caused by events beyond reasonable control, including: natural disasters; pandemics; strikes; manufacturing disruptions; freight interruptions; cyber incidents; government actions.

21. PRIVACY:

Your use of the Website is also governed by our Privacy Policy. Please review our Privacy Policy for information regarding: data collection; cookies; analytics; marketing communications; international data transfers.

22. TERMINATION:

We may suspend or terminate access to the Website at any time without notice if: you breach these Terms; fraudulent activity is suspected; required by law.

23. GOVERNING LAW:

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

24. CHANGES TO TERMS:

We reserve the right to modify these Terms at any time. Updated Terms become effective upon publication on the Website. Continued use of the Website constitutes acceptance of revised Terms.

25. CONTACT

DANIEL AVAKIAN

Email: info@danielavakian.com
Website: www.danielavakian.com