Terms of service
LAST UPDATED: 11 AUGUST 2026
OVERVIEW
Welcome to ORBITA.
ORBITA is operated by Diego Patrick Facchini Da Silva, ABN 69 373 542 629, based in Gold Coast, Queensland, Australia.
Throughout these Terms of Service, the terms “ORBITA”, “we”, “us” and “our” refer to ORBITA and its operator.
These Terms of Service apply when you visit our website, create an account, contact us or purchase products from us. Our website and online store are hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and services.
By accessing our website or placing an order, you agree to these Terms of Service, together with our Privacy Policy, Shipping Policy and Returns & Refunds Policy.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other rights that cannot lawfully be excluded.
SECTION 1 – ELIGIBILITY AND ACCOUNTS
You must be at least 18 years old to place an order, or have the permission and supervision of a parent or legal guardian.
You agree to provide accurate, complete and current information when creating an account or placing an order, including your email address, billing details and delivery address.
You are responsible for keeping your account credentials secure and for activity carried out through your account. Please contact us promptly if you believe your account has been accessed without authorisation.
We may restrict or suspend an account where we reasonably believe it is being used fraudulently, unlawfully or in breach of these Terms.
SECTION 2 – PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, measurements, colours, materials and other information displayed on our website are accurate.
However, colours and appearance may vary slightly depending on your screen, device settings, lighting and the materials used.
Many ORBITA pieces are produced using 3D-printing technology and carefully finished by hand. Fine layer lines, subtle texture and minor variations between pieces are natural characteristics of this production process. These expected characteristics do not affect your rights where a product is faulty, damaged, unsafe or materially different from its description.
Product measurements may have minor reasonable variations unless an exact measurement is expressly stated as guaranteed.
Products must only be used for their intended purpose and in accordance with any care, installation or safety instructions supplied with them.
We may update product descriptions, materials or availability when reasonably necessary. Any material change affecting an accepted order will be communicated to you before fulfilment.
SECTION 3 – ORDERS
Placing an order is an offer to purchase the products in your cart.
An automatic order confirmation acknowledges that we have received your order but does not necessarily mean that the order has been accepted. An order is accepted when we confirm acceptance or dispatch the order.
We may decline or cancel an order for a legitimate reason, including:
• A product being unavailable;
• An obvious pricing or description error;
• Payment failure;
• Suspected fraud or unauthorised activity;
• Delivery restrictions; or
• An order exceeding reasonable quantity limits.
If we cancel an order after payment has been received, we will notify you and provide a full refund using the original payment method.
Please review your products, quantities, delivery address and contact details carefully before completing checkout.
If you need to change or cancel an order, contact us as soon as possible. We cannot guarantee changes or cancellations after an order has been accepted, dispatched or entered production.
SECTION 4 – PRICES, PAYMENT AND PROMOTIONS
All prices are displayed in Australian dollars (AUD).
Prices include any taxes that we are legally required to include. The total price payable, including applicable delivery charges and other mandatory charges, will be displayed before you complete checkout.
Delivery costs may vary according to the order value, delivery method and destination.
We may change prices for future purchases without notice. A price change will not affect an order already accepted by us, except where there is an obvious pricing error. If an obvious error affects your order, we will contact you and allow you to confirm the corrected price or cancel the order for a full refund.
Discounts, promotional offers and discount codes may be subject to separate conditions. Unless expressly stated, promotions cannot be combined, exchanged for cash or applied retrospectively.
Payments are processed securely through Shopify and its authorised payment providers. You confirm that you are authorised to use the payment method provided.
SECTION 5 – PRODUCTION, SHIPPING AND DELIVERY
Most orders are prepared for dispatch within 1–3 business days. Custom, personalised, made-to-order or limited-release products may require additional production time, which will be displayed on the product page or communicated to you.
Delivery generally takes approximately 3–10 business days after dispatch, depending on your location and the selected delivery service. Production and delivery timeframes are estimates and are not guaranteed.
We currently deliver within Australia unless otherwise stated on our website.
You are responsible for providing an accurate and accessible delivery address. Additional delivery costs caused by an incorrect or incomplete address may be payable by you where reasonably incurred.
We are not responsible for delays caused solely by carriers, severe weather, emergencies or other events outside our reasonable control. However, we will provide reasonable assistance if your parcel is delayed, lost or damaged, and nothing in this section limits your rights under the Australian Consumer Law.
Risk in a product passes to you when it is delivered to the nominated address or collected by you or your authorised representative.
Further information is available in our Shipping Policy.
SECTION 6 – RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
Products must be of acceptable quality, safe, fit for any disclosed purpose and match their description. If a product does not meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances and whether the failure is major or minor.
For a major failure, you may be entitled to reject the product and choose between a refund or replacement. For a minor failure, we may choose to repair or otherwise remedy the issue within a reasonable time.
Our voluntary change-of-mind policy allows eligible standard products to be returned when a return is requested within 14 days of delivery. Eligibility requirements and exclusions are explained in our Returns & Refunds Policy.
Change-of-mind return shipping costs are the customer’s responsibility. Where a product is confirmed to be faulty, damaged or incorrect, we will cover or reimburse reasonable return shipping costs as required by law.
Please contact us before returning any product. Approved returns will be provided with return instructions and the applicable return address.
Further information is available in our Returns & Refunds Policy.
SECTION 7 – CUSTOM AND PERSONALISED PRODUCTS
Custom, personalised and made-to-order products are created according to the details approved or provided by the customer.
Please review all colours, wording, measurements and other customisation details carefully before approving your order.
Custom or personalised orders generally cannot be cancelled after production has started and are not eligible for change-of-mind returns.
This exclusion does not apply where a product is faulty, damaged, unsafe, does not match the approved specifications or otherwise fails to meet a consumer guarantee under the Australian Consumer Law.
SECTION 8 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content of our website—including our name, logo, branding, text, photographs, graphics, videos, website layout and original product designs—is owned by or licensed to ORBITA and is protected by applicable intellectual property laws.
You may access and use our website for personal and non-commercial purposes.
You must not reproduce, modify, distribute, sell, publish, scrape or commercially exploit our website content or intellectual property without our prior written permission, except where permitted by law.
Third-party trademarks, designs and other intellectual property remain the property of their respective owners.
SECTION 9 – ACCEPTABLE USE
You must not use our website or services:
• For an unlawful, fraudulent or malicious purpose;
• To infringe our rights or the rights of another person;
• To submit false, misleading, abusive or harmful content;
• To introduce viruses, malware or other harmful code;
• To interfere with the security or operation of the website;
• To collect personal information about others without authority;
• To send spam or unauthorised promotional material;
• To impersonate another person or organisation; or
• To attempt to gain unauthorised access to any account, system or data.
We may take reasonable steps to prevent or respond to prohibited conduct, including restricting access to the website.
SECTION 10 – SHOPIFY AND THIRD-PARTY SERVICES
Our online store is hosted by Shopify. Shopify supplies the ecommerce platform, but purchases made through our store are made directly between you and ORBITA.
We may use third-party providers for payment processing, delivery, analytics, customer communication and other business functions.
Our website may also contain links to websites operated by third parties. We do not control those websites and are not responsible for their content, availability or separate privacy practices.
Your use of a third-party service may be subject to that provider’s own terms and policies. Nothing in this section limits any rights you may have under applicable law.
SECTION 11 – PRIVACY
We collect, use, store and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted by Shopify, certain personal information may also be processed by Shopify and authorised service providers to operate the store, process payments, prevent fraud and fulfil orders.
Please review our Privacy Policy for further information about how personal information is handled and how you may contact us about a privacy matter.
SECTION 12 – REVIEWS AND FEEDBACK
If you submit a review, photograph, suggestion or other content to us, you confirm that:
• You own the content or have permission to submit it;
• The content is accurate and reflects your genuine experience;
• It does not infringe another person’s rights; and
• It is not unlawful, abusive, misleading or harmful.
You grant ORBITA a non-exclusive, worldwide, royalty-free licence to display, reproduce and share submitted content for the reasonable operation and promotion of ORBITA.
You retain ownership of your content. You may contact us to request that content be removed from our active digital channels, although removal may not always be possible from materials already lawfully produced or distributed.
We may decline or remove content that breaches these Terms or applicable law.
SECTION 13 – ERRORS AND AVAILABILITY
Occasionally, information on our website may contain an error or omission relating to a product description, price, promotion, delivery charge, timeframe or availability.
We may correct errors and update information when reasonably necessary.
If a material error affects an order after it has been placed, we will contact you and give you the option to confirm the corrected order or cancel it for a full refund.
We do not guarantee that the website will always be uninterrupted or error-free. We may temporarily restrict access where reasonably necessary for maintenance, security or technical reasons.
SECTION 14 – LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
To the extent permitted by law, ORBITA is not responsible for loss caused by:
• Use of a product contrary to its intended purpose or supplied instructions;
• Unauthorised modification of a product;
• Normal wear and tear;
• Information supplied incorrectly by the customer;
• Unauthorised access caused by the customer failing to secure their account; or
• Events outside our reasonable control.
To the extent permitted by law, we are not liable for indirect or consequential losses that were not reasonably foreseeable at the time the contract was made.
This section does not exclude liability for fraud, wilful misconduct, personal injury caused by negligence or any other liability that cannot lawfully be excluded.
SECTION 15 – SUSPENSION AND TERMINATION
We may suspend or terminate access to our website or an account where we reasonably believe there has been:
• A serious or repeated breach of these Terms;
• Fraudulent or unlawful activity;
• A security risk; or
• Conduct that causes material harm to ORBITA, our customers or service providers.
Where reasonably practicable, we will provide notice and an opportunity to address the issue.
Termination does not affect rights or obligations that arose before termination, including payment obligations, intellectual property rights and any rights under the Australian Consumer Law.
SECTION 16 – CHANGES TO THESE TERMS
We may update these Terms to reflect changes to our products, business practices, technology or legal obligations.
The current version will be published on this page with the date it was last updated. Where required by law, we will provide reasonable notice of material changes.
Changes will apply from the stated effective date and will not retrospectively alter the terms applying to an order already accepted, unless required by law or agreed with you.
SECTION 17 – GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of Queensland and the applicable laws of Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Queensland and other Australian courts with competent jurisdiction.
If you have a concern or dispute, please contact us first so that we can attempt to resolve it promptly and fairly.
Nothing in this section limits your right to contact a consumer protection agency, seek independent legal advice or exercise any right or remedy available under applicable law.
SECTION 18 – GENERAL
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.
A delay or failure by either party to enforce a right does not waive that right.
These Terms, together with the policies referenced in them and any product-specific conditions disclosed before purchase, form the agreement between you and ORBITA regarding your use of the website and purchases from us.
SECTION 19 – CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
ORBITA
Operated by: Diego Patrick Facchini Da Silva
ABN: 69 373 542 629
Location: Gold Coast, Queensland, Australia
Email: hello@orbita.au