Terms of service
Last updated: [DATE]
Overview
This website is operated by Sydney Boutique. Throughout the site, the terms "we", "us", and "our" refer to Sydney Boutique. We provide this website, including all information, tools, and services available from this site (the "Services"), to you subject to your acceptance of the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Services and agree to be bound by these Terms of Service. These Terms apply to all users of the website, including browsers, customers, and anyone accessing our Services.
Please read these Terms carefully before using our website. If you do not agree to these Terms, please do not use the website or our Services.
Section 1 – Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the 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 you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where any term in these Terms is inconsistent with those rights, your rights under the law prevail.
Section 2 – Online Store Terms
By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you are using this site with the involvement and consent of a parent or guardian. You may not use our products for any illegal or unauthorised purpose, and you may not violate any laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses, or code of a destructive nature. A serious breach of these Terms may result in termination of your access to our Services.
Section 3 – General Conditions
We may refuse service where reasonably necessary, for example to prevent fraud, misuse, or a breach of these Terms. You understand that your content (excluding payment card information) may be transferred over various networks and may be modified to meet technical requirements. Payment card information is always encrypted during transmission. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission. Headings are provided for convenience only and do not affect these Terms.
Section 4 – Accuracy, Completeness, and Timeliness of Information
We take reasonable care to keep the information on our site accurate, complete, and current, but errors may occasionally occur. This site may include historical information, which is provided for reference only and may not be current. We may update site content at any time.
Section 5 – Prices, Modifications to Service, and Contract Formation
All prices are displayed in Australian dollars (AUD). Prices may change from time to time, but the price that applies to your order is the price shown at the time you place it. We may modify or discontinue the Services (or any part of them) at any time; this will not affect orders we have already accepted.
Contract Formation Products displayed in our online store are an invitation to purchase, not a legally binding offer. When you click "Place Order," you are making an offer to buy. You will receive an automated email confirming that we received your order, but this does not mean your order has been accepted. Your order is accepted once we ship your item(s) and send a shipping confirmation email. If we do not accept your order, any payment taken will be refunded in full.
Section 6 – Products
Certain products may be available exclusively online and may have limited quantities. Returns are subject to our Refund Policy and your rights under the Australian Consumer Law. We make every effort to display product colours and images accurately, but your device may not display colours exactly as they appear in person. We may limit sales of our products to any person, region, or jurisdiction and limit quantities offered. Product descriptions and pricing may change, and we may discontinue any product at any time. Any offer is void where prohibited.
Section 7 – Accuracy of Billing and Account Information
We may refuse or cancel an order, or limit quantities purchased per person, household, or order, for example where stock is unavailable, a pricing error has occurred, or we suspect fraud. If we change or cancel an order, we will notify you using the contact details provided at checkout and refund any amount paid for the cancelled items. You agree to provide current, complete, and accurate purchase and account information and to promptly update your details so we can complete transactions and contact you as needed.
Section 8 – Optional Tools
We may provide access to third-party tools that we do not monitor or control. Your use of optional third-party tools is subject to the terms of the relevant third-party provider, and you should review those terms before use. Subject to the Australian Consumer Law, we are not responsible for the operation of third-party tools.
Section 9 – Third-Party Links
Some content or materials available through our Services may include third-party materials or links to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not endorse any third-party materials, websites, products, or services. Please review third-party policies carefully before engaging in any transaction. Questions about third-party products should be directed to the third party.
Section 10 – User Comments, Feedback, and Submissions
If you submit suggestions, ideas, reviews, or other materials, you grant us permission to use, edit, publish, and distribute them in any medium. We have no obligation to keep submissions confidential, pay compensation, or respond. You agree that your submissions will not violate any third-party rights or contain unlawful, abusive, or malicious content, including viruses or harmful code. You are responsible for your submissions.
Section 11 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We may correct errors and change or update information. If an error affects an order you have placed, we will contact you and you may choose to proceed with the corrected details or cancel the order for a full refund.
Section 13 – Prohibited Uses
You are prohibited from using the site or its content for any unlawful purpose, soliciting others to perform unlawful acts, violating laws or regulations, infringing intellectual property rights, harassing or discriminating against others, submitting false or misleading information, uploading viruses or malicious code, collecting personal information of others, spamming, phishing, scraping, or interfering with security features. We may terminate your use of the Services for violating any prohibited uses.
Section 14 – Limitation of Liability
We do not guarantee that our website will be uninterrupted, timely, secure, or error-free, although we take reasonable steps to keep it running smoothly and securely.
Subject to Section 1 and to the extent permitted by law, where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited (at our option) to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so. To the extent permitted by law, we are not liable for any indirect or consequential loss that was not reasonably foreseeable. Nothing in this section limits your rights under the Australian Consumer Law.
Section 15 – Indemnification
To the extent permitted by law, you agree to indemnify Sydney Boutique against any claim or demand by a third party (including reasonable legal costs) arising directly out of your breach of these Terms, your violation of any law, or your infringement of any third-party rights, except to the extent caused by our own negligence or breach.
Section 16 – Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be read down to the extent necessary, or severed if it cannot be read down, and the remaining provisions shall remain in full force and effect.
Section 17 – Termination
These Terms remain effective unless and until terminated by you or us. You may terminate by ceasing to use our site. We may terminate this agreement if you breach these Terms. Rights and obligations incurred prior to termination, including any order already accepted, survive termination.
Section 18 – Entire Agreement
These Terms, along with any policies posted on this site, constitute the entire agreement between you and us regarding your use of the Services. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
Section 19 – Governing Law
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. This does not affect any rights you have under the consumer laws of the state or territory in which you live.
Section 20 – Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We may update these Terms by posting changes on our website with a revised "Last updated" date. Changes will not apply to orders placed before the change was posted.
Section 21 – Contact Information
Questions about these Terms? Contact us:
Store Name: Sydney Boutique
Address: [YOUR BUSINESS ADDRESS]
Email: sydneyboutiqueau@gmail.com
Customer Service Hours: Monday to Friday: 9:00 AM – 5:00 PM (AEST/AEDT – Sydney time). We aim to respond within one business day. Closed on Australian public holidays.