Terms of service

OVERVIEW

Welcome to Furfection. The terms “we”, “us” and “our” refer to Furfection.

Furfection operates this store and website, including related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Furfection is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. Our Privacy Policy is available through the policies section of our website.

If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

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 the consent of a parent or legal guardian where required by law.

To use certain parts of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information and shipping information.

You agree that the information you provide is accurate, current and complete and that you have the necessary authority to provide that information.

If you create an account, you are responsible for maintaining the security of your account credentials and for activity occurring through your account. You must not transfer, sell, assign or license your account to another person without our permission.

SECTION 2 – OUR PRODUCTS

We aim to ensure that product descriptions, images and other information displayed through our store are accurate.

Colours and appearance may vary slightly depending on your device, screen settings, lighting and other factors.

Product descriptions, availability and other product information may be updated from time to time. We may discontinue products or limit quantities available for purchase where reasonably necessary.

Nothing in this section excludes or limits any consumer guarantee, right or remedy under the Australian Consumer Law or other applicable law. Products supplied to Australian consumers must comply with applicable consumer guarantees, including guarantees relating to acceptable quality and correspondence with description where those guarantees apply.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase the products in your order.

Furfection may accept or decline an order where reasonably necessary, including where a product is unavailable, there is an obvious pricing or listing error, payment cannot be processed, fraud is suspected, or we are unable to fulfil or deliver the order.

Your order is accepted when we confirm acceptance or otherwise begin fulfilling the order.

Payment must be successfully authorised and processed before an order can be fulfilled.

Please review your order carefully before submitting it. Once an order has entered processing or fulfilment, we may be unable to accommodate cancellation or amendment requests.

If we cannot accept or fulfil an order, or if a material change is required, we will attempt to contact you using the contact details provided with your order.

Returns, refunds and remedies are handled in accordance with our Return & Refund Policy and any rights and remedies available under applicable consumer law.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change from time to time. The price charged for a product will be the price displayed and applicable when your order is placed, subject to correction of obvious errors as permitted by law.

Prices and any applicable shipping charges will be displayed before you complete your purchase.

Unless otherwise stated, prices displayed to Australian consumers include any applicable GST where required by law. Any additional charges applicable to an order will be disclosed at checkout before payment.

Promotions may be subject to additional terms and conditions. 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.

You agree to provide current, complete and accurate purchase, payment and account information.

You represent that you are authorised to use the payment method submitted with your order.

Payment processing may be provided by Shopify or other third-party payment providers and may be subject to their applicable terms and privacy practices.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery information, including available shipping methods and charges, is provided at checkout and in our Shipping Policy.

Delivery timeframes displayed at checkout or elsewhere are estimates unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including carrier delays, severe weather, public holidays, fulfilment issues and other unforeseen events.

Tracking information will be provided where available.

For further information about shipping, delivery estimates, address errors, delays and missing parcels, please refer to our Shipping Policy.

Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including our branding, text, graphics, photographs, images, video, audio, website design and other content, may be owned by or licensed to Furfection and may be protected by applicable intellectual property laws.

You may access and use the Services for lawful personal and non-commercial purposes.

Unless permitted by law or authorised by the relevant rights holder, you must not reproduce, distribute, modify, republish, commercially exploit or otherwise use protected material from the Services without permission.

Nothing in these Terms grants you ownership of any intellectual property belonging to Furfection, Shopify or any third party.

Shopify’s names, logos, product names and other intellectual property belong to Shopify or its licensors. Other names, logos and trademarks appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to tools, features or services supplied by third parties.

Third-party tools may be governed by separate terms and privacy policies. We do not control third-party services and are not responsible for them except to the extent required by applicable law.

If you choose to use a third-party tool or service, you should review the terms and policies applicable to that service.

We may introduce additional tools, resources or features in the future. Where provided by Furfection as part of the Services, they may also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, services or content operated by third parties.

We are not responsible for third-party websites, content, products or services except to the extent required by applicable law.

If you follow a third-party link, you should review that third party’s terms, privacy policy and other applicable policies before entering into a transaction or providing personal information.

Questions or concerns relating specifically to third-party services should generally be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Furfection is powered by Shopify, which provides technology used to operate our online store.

Purchases made from Furfection are transactions between you and Furfection, not between you and Shopify.

Shopify may provide hosting, ecommerce functionality, payment-related services and other technology used to deliver the Services.

Nothing in this section excludes or limits any liability or right that cannot lawfully be excluded or limited.

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 in connection with your access to and use of the Services.

Information may also be processed by payment providers, fulfilment providers, shipping carriers and other service providers where reasonably necessary to operate the store, process transactions and fulfil orders.

Some service providers may process information outside Australia.

Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and handled.

SECTION 11 – REVIEWS AND FEEDBACK

If you submit reviews, suggestions, ideas, comments, photographs or other content to Furfection (“Feedback”), you represent that you have the necessary rights to submit that content.

You grant Furfection a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute Feedback for purposes connected with operating, improving and promoting Furfection and the Services, subject to applicable law.

You must not submit content that is unlawful, defamatory, abusive, obscene, misleading, malicious, infringes another person’s rights or contains harmful software.

If you received compensation, a free product or another incentive in connection with a review or endorsement, you must disclose that relationship where required by law.

We may moderate or remove Feedback where reasonably necessary, including where it violates these Terms or applicable law.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We may correct errors and update information where reasonably necessary.

If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law and will contact you where appropriate.

Nothing in this section limits any rights or remedies available under the Australian Consumer Law.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services:

(a) for unlawful, fraudulent or malicious purposes;

(b) to violate applicable laws or regulations;

(d) to harass, abuse, threaten, defame or unlawfully discriminate against another person;

(e) to knowingly provide materially false or misleading information;

(f) to upload or transmit viruses, malicious code or other harmful material;

(g) to send spam, phishing messages or other unlawful unsolicited communications;

(h) to impersonate another person or entity;

(i) to interfere with the security, integrity or operation of the Services; or

(j) to collect personal information unlawfully.

We may restrict or terminate access to the Services where reasonably necessary to address unlawful activity, security risks, fraud or material violations of these Terms.

SECTION 14 – TERMINATION

You may stop using the Services at any time.

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached, fraud or unlawful conduct is suspected, or continued access creates a security or operational risk.

Termination does not affect rights, obligations or liabilities that arose before termination.

Provisions that by their nature should continue after termination will remain in effect.

SECTION 15 – DISCLAIMER OF WARRANTIES

We aim to provide accurate and reliable Services, but websites and online services may occasionally experience interruptions, errors or technical issues.

To the extent permitted by law, we do not guarantee that access to the website will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

SECTION 16 – LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law where that liability, guarantee, right or remedy cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, Furfection will not be liable for indirect or consequential loss that was not reasonably foreseeable, except where liability cannot lawfully be excluded or limited.

Where our liability may lawfully be limited, it will be limited only to the extent permitted by applicable law.

Nothing in these Terms is intended to limit your rights to remedies for goods that fail to comply with applicable consumer guarantees.

SECTION 17 – INDEMNIFICATION

To the extent permitted by law, you agree to be responsible for loss or damage suffered by Furfection arising directly from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person’s rights.

This section does not require you to indemnify Furfection for loss caused by Furfection’s own unlawful conduct, negligence or breach of applicable law, to the extent such liability cannot lawfully be transferred or excluded.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue in effect to the extent permitted by law.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

A failure by Furfection to exercise or enforce a right under these Terms does not automatically constitute a waiver of that right.

These Terms, together with the policies and other terms expressly incorporated into them, form the agreement governing your use of the Services.

Nothing in this section excludes representations, guarantees, rights or remedies that cannot lawfully be excluded under applicable law.

SECTION 20 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

Furfection may assign or transfer its rights and obligations where reasonably necessary in connection with a sale, transfer or restructuring of the business or Services, subject to applicable law.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws applicable in the Australian state or territory in which Furfection is based, together with the laws of Australia applicable therein.

Nothing in this section excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 22 – HEADINGS

Headings are included for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

You can review the current version of these Terms through our website.

We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.

Where required by applicable law, we will provide notice of material changes.

Changes will apply from the effective date stated or, where no date is stated, from the time the updated Terms are published, subject to applicable law.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Furfection

Email: furfection.support@gmail.com

ABN: 66590830900