Terms of service
OVERVIEW
Welcome to Oonse Oonse.
The terms "we", "us" and "our" refer to Oonse Oonse. Oonse Oonse operates this store and website, including the related information, content, features, tools, products and services made available through it (the "Services").
Oonse Oonse is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service ("Terms"), together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully. By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use the Services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have provided appropriate consent for any minor dependants using the Services through devices you own or manage.
To use certain parts of the Services or purchase products, you may be asked to provide information including your email address, billing information, payment information and shipping details.
You agree that information you provide to us is accurate, current and complete and that you have the right to provide that information.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to display and describe our products accurately. However, product colours and appearance may vary depending on your device, screen settings, lighting and other factors.
Product descriptions, pricing, availability and other information may be updated from time to time.
We reserve the right to discontinue products or limit quantities available to a person, geographic region or jurisdiction where reasonably necessary.
Nothing in this section limits your rights under the Australian Consumer Law.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase from Oonse Oonse.
We reserve the right to accept or decline an order where reasonably necessary, including because of product availability, suspected fraud, pricing or listing errors, payment issues or circumstances preventing us from fulfilling the order.
An order is accepted once we confirm acceptance and payment has been successfully processed.
Please review your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We cannot guarantee that an order can be changed or cancelled after it has been processed or dispatched.
If we cancel or materially change an order, we will attempt to contact you using the information supplied with your order.
Returns and refunds are subject to our Return & Refund Policy and your rights under the Australian Consumer Law.
Products purchased through our store are intended for personal or household use unless otherwise agreed with us.
SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions may change from time to time.
The price charged will be the price displayed and applicable when your order is placed, subject to correction of genuine errors and applicable law.
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD).
Shipping charges are displayed at checkout where applicable.
You agree to provide current, complete and accurate purchase, billing and payment information.
You represent that you are authorised to use the payment method supplied for your purchase.
Promotions may be subject to additional terms. If specific promotional terms conflict with these Terms in relation to that promotion, the specific promotional terms will apply to the extent of the conflict.
SECTION 5 — SHIPPING AND DELIVERY
Orders are processed and delivered in accordance with our Shipping Policy.
Delivery timeframes are estimates and may be affected by carriers, public holidays, weather, operational disruptions or other circumstances outside our reasonable control.
We will make reasonable efforts to assist where an order is significantly delayed, lost or otherwise affected during delivery.
Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law.
SECTION 6 — INTELLECTUAL PROPERTY
Unless otherwise indicated, the Services and their content — including our brand names, trademarks, logos, product names, text, graphics, photographs, videos, audio, designs and website content — are owned by or licensed to Oonse Oonse and are protected by applicable intellectual property laws.
You may access and use the Services for personal, non-commercial purposes.
Unless permitted by law or with our prior written consent, you must not reproduce, distribute, modify, republish, commercially exploit or create derivative works from our content.
Nothing in these Terms grants you ownership of or a licence to use Oonse Oonse trademarks, branding or other intellectual property except as expressly stated.
Shopify's name, trademarks, logos and related intellectual property belong to Shopify or its licensors. Other names and trademarks appearing through the Services belong to their respective owners.
SECTION 7 — OPTIONAL TOOLS
We may provide access to tools, applications or services offered by third parties.
We do not necessarily control or monitor those third-party tools. Your use of them may also be governed by the third party's own terms and policies.
To the extent permitted by law, we are not responsible for loss arising solely from your use of optional third-party tools outside our reasonable control.
We may introduce new features, tools or resources through the Services from time to time. Unless otherwise stated, these will form part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties.
We do not control those third-party websites and are not responsible for their content, accuracy, availability, privacy practices or independent transactions.
Please review the relevant third party's terms and policies before purchasing products or services from them or providing them with personal information.
Nothing in this section limits liability that cannot lawfully be excluded.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Oonse Oonse is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases made through our store are made directly between you and Oonse Oonse.
Shopify is not the seller of NOVA n.22 or other Oonse Oonse products.
Your use of Shopify-powered functionality may also be subject to applicable Shopify terms and privacy practices.
SECTION 10 — PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide its platform and related services.
Information may also be processed by service providers that assist us in operating our store, processing payments, fulfilling orders, communicating with customers or providing other business functions.
Please review our Privacy Policy for further information about how personal information is collected, used and handled.
SECTION 11 — FEEDBACK AND REVIEWS
If you submit reviews, feedback, suggestions, photographs or other content to us ("Feedback"), you represent that you have the right to provide that Feedback and that it does not infringe another person's rights or violate applicable law.
Unless otherwise agreed, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display Feedback for purposes connected with operating, improving and promoting Oonse Oonse and our products.
We may moderate or remove Feedback where reasonably necessary, including where it is unlawful, abusive, misleading, defamatory, infringing or otherwise inappropriate.
You remain responsible for the accuracy and legality of Feedback you submit.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.
We may correct genuine errors or inaccuracies and update information where reasonably necessary.
If an error affects an order you have already placed, we will handle the situation reasonably and in accordance with applicable law.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services to:
- violate applicable laws or regulations;
- infringe our intellectual property rights or the rights of others;
- harass, threaten, abuse or unlawfully harm another person;
- transmit knowingly false, fraudulent or misleading information;
- distribute malware, viruses or malicious code;
- collect personal information unlawfully;
- send spam, phishing communications or other unlawful solicitations;
- impersonate another person or entity;
- interfere with the security or proper operation of the Services; or
- access or exploit the Services through automated means in a manner prohibited by applicable law or our reasonable technical restrictions.
We may restrict or terminate access to the Services where reasonably necessary in response to prohibited or unlawful use.
SECTION 14 — AUTOMATED AGENTS
Automated or semi-automated software, services or agents must not access or interact with the Services in a manner that circumvents security measures, access restrictions, CAPTCHAs or other controls designed to protect the Services.
We may use reasonable technical measures to restrict automated access where necessary to protect the Services, customers or our business.
SECTION 15 — TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached or the Services are being used unlawfully.
Termination does not affect rights or obligations that arose before termination.
Provisions that by their nature are intended to continue after termination will remain in effect.
SECTION 16 — DISCLAIMER OF WARRANTIES
We aim to provide accurate and reliable information through the Services, but website content may occasionally contain errors, become outdated or be temporarily unavailable.
To the maximum extent permitted by law, we do not guarantee that access to the Services will always be uninterrupted, secure or error-free.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy provided by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Our voluntary policies and guarantees, including our 14-Day Money-Back Guarantee, are provided in addition to any rights you may have under the Australian Consumer Law.
SECTION 17 — LIMITATION OF LIABILITY
To the maximum extent permitted by law, Oonse Oonse will not be liable for indirect, incidental, special or consequential loss arising from use of the Services where that liability may lawfully be excluded.
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
Where liability may lawfully be limited, it will be limited only to the extent permitted by applicable law.
SECTION 18 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Oonse Oonse against reasonable losses, liabilities and claims arising directly from:
- your material breach of these Terms;
- your unlawful use of the Services; or
- your infringement of another person's rights.
This section does not require you to indemnify us for loss caused by our own unlawful conduct, negligence where liability cannot lawfully be excluded, or breach of applicable consumer law.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary.
The remaining provisions will continue in effect.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise a right under these Terms, that does not mean we waive that right.
These Terms, together with policies expressly incorporated into them, constitute the agreement governing your use of the Services, subject to rights and obligations imposed by applicable law.
SECTION 21 — ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent where consent is reasonably required.
We may assign or transfer our rights and obligations in connection with a sale, restructure or transfer of our business, subject to applicable law.
SECTION 22 — GOVERNING LAW
These Terms are governed by the laws applicable in the Australian Capital Territory, Australia, and the laws of the Commonwealth of Australia applicable there.
You and Oonse Oonse submit to the jurisdiction of the courts and tribunals having jurisdiction in the Australian Capital Territory, subject to any rights you may have under applicable consumer law to bring proceedings elsewhere.
SECTION 23 — HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 — CHANGES TO THESE TERMS
You can review the current version of these Terms on this page.
We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
Where required by law, we will provide appropriate notice of material changes.
Changes will apply from the date stated in the updated Terms or notice and will not retrospectively remove rights that have already accrued.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms or Oonse Oonse can be sent to:
Oonse Oonse
ABN: 33 230 843 509
Location: Canberra, ACT 2903, Australia
Email: hello@oonseoonse.com.au
Phone: 0473 918 208