Terms of service
OVERVIEW
Welcome to Shainey. The terms “we”, “us” and “our” refer to Shainey. We operate this online store and website to provide our customers with access to our products, information and related services (the “Services”). Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.
These Terms of Service (“Terms”), together with the policies referenced in them, set out the terms that apply when you access our website, use our Services or purchase products from us.
Please read these Terms carefully before using our Services or making a purchase.
By accessing or using our Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree with these Terms, you should not use the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services or making a purchase from Shainey, you confirm that you are legally able to enter into a binding agreement or that you are using the Services with the permission and supervision required under applicable law.
When using our Services or placing an order, you may be required to provide information such as your name, email address, billing information, payment details and shipping address. You agree to provide information that is accurate, current and complete.
If you create an account with us, you are responsible for maintaining the confidentiality and security of your account details and for activity conducted through your account. You must not misuse, transfer or sell your account to another person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible. However, colours and appearance may vary slightly depending on your device, screen settings, lighting and photography.
Product measurements, dimensions and other specifications are provided as accurately as reasonably possible. Minor variations may occur where stated in the product description.
Product availability may change from time to time. We may discontinue products, introduce new designs or limit quantities available for purchase.
We may update product information, descriptions and pricing where necessary. Any changes will not affect rights you may already have in relation to an existing order.
Nothing in this section excludes, restricts or modifies any rights or consumer guarantees available under the Australian Consumer Law or other applicable law.
SECTION 3 – ORDERS
When you place an order through our website, your order is subject to acceptance and product availability.
We reserve the right to refuse or cancel an order where reasonably necessary, including where a product is unavailable, there is an error in the product information or pricing, or we reasonably suspect fraudulent or unauthorised activity.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order using the original payment method where reasonably possible.
We may limit quantities purchased where reasonably necessary, including where stock is limited.
Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable law.
SECTION 4 – PRICES AND BILLING
All prices displayed on the Shainey website are in Australian dollars (AUD) unless otherwise stated.
Prices, discounts and promotions may change from time to time. The price applicable to your purchase will be the price displayed at the time your order is placed, subject to the correction of genuine errors as described in these Terms.
Any applicable taxes will be included or displayed as required by law. Shipping charges, where applicable, will be shown before you complete your purchase. International customers may also be responsible for customs duties, import taxes or other charges imposed by their destination country.
You agree to provide current, complete and accurate billing, payment and contact information when making a purchase. You confirm that you are authorised to use the payment method provided.
Promotions or discount offers may be subject to additional conditions stated at the time of the promotion.
Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable law.
SECTION 5 – SHIPPING AND DELIVERY
We aim to process and dispatch orders within the timeframes stated on our website. Delivery times provided are estimates only and may vary due to the shipping carrier, customs processing, public holidays or circumstances outside our reasonable control.
Where an order is delayed, lost or damaged during delivery, please contact us so that we can assist you and, where appropriate, work with the shipping carrier to resolve the issue.
Shipping costs and available delivery options will be displayed at checkout or otherwise stated on our website.
For international orders, customers may be responsible for customs duties, import taxes or other charges imposed by the destination country, where applicable.
Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
All original content available through the Shainey website, including text, photographs, images, graphics, logos, product descriptions and original designs, is owned by or licensed for use by Shainey unless otherwise stated.
You may use the content on this website for personal, non-commercial purposes only. You must not copy, reproduce, distribute, modify, republish or commercially use our original content without prior written permission, except where permitted by law.
Shopify and other third-party names, logos, trademarks and content appearing on this website remain the property of their respective owners.
Nothing in these Terms transfers any intellectual property rights belonging to Shainey, Shopify or any third party to you.
SECTION 7 – OPTIONAL TOOLS
From time to time, we may provide access to tools, features or services offered by third parties, including services provided through Shopify.
These third-party tools and services may be subject to their own terms and conditions and privacy policies. We do not control these third-party services and are not responsible for their operation or availability.
If we introduce new features, tools or resources to our website in the future, they will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites or services that are not operated or controlled by Shainey.
We are not responsible for the content, availability, privacy practices or services provided by third-party websites. If you choose to access or purchase from a third-party website, that website’s own terms, conditions and policies will apply.
Any questions or concerns regarding third-party products or services should be directed to the relevant third-party provider.
Nothing in this section is intended to exclude or limit any rights or remedies that cannot be excluded under applicable law.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Shainey is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Shainey. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Shainey, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Shainey.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information may also be collected and processed by Shopify in accordance with Shopify’s Privacy Policy.
Because our online store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services. Information submitted through the Services may also be processed by Shopify and other service providers, including providers located outside the country in which you reside.
Please review our Privacy Policy for more information about how we collect, use, store and disclose personal information.
SECTION 11 – FEEDBACK AND REVIEWS
If you submit feedback, reviews, suggestions, photographs or other content to Shainey, you confirm that you have the right to provide that content and that it does not infringe the rights of any third party.
Where you submit content for publication or give us permission to share it, you grant Shainey permission to use, reproduce and display that content for purposes related to our website, products and marketing.
You are responsible for ensuring that information contained in your feedback or review is accurate and lawful. We reserve the right to remove or decline to publish content that is unlawful, offensive, misleading, infringes another person's rights, or otherwise violates these Terms.
We are not required to publish or respond to feedback or reviews submitted to us.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or product availability.
We reserve the right to correct errors, inaccuracies or omissions and to update information where necessary. If an error affects an order you have already placed, we may contact you to correct the error or, where appropriate, cancel the affected order and provide a refund of any amount paid.
Nothing in this section is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other applicable law.
SECTION 13 – PROHIBITED USES
You may use the Shainey website and Services only for lawful purposes.
You must not use the Services to:
(a) engage in any unlawful, fraudulent or malicious activity;
(b) infringe our intellectual property rights or the rights of any third party;
(c) submit false, misleading, abusive, defamatory or unlawful content;
(d) impersonate another person or provide false information about your identity;
(e) transmit spam, viruses, malicious code or other harmful material;
(f) collect or misuse the personal information of others;
(g) interfere with, disrupt or attempt to bypass the security or normal operation of the website; or
(h) copy, reproduce, resell or commercially exploit our website content without permission, except where permitted by law.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been violated or where necessary to protect the website, our customers or other users.
Nothing in this section limits any rights or remedies that cannot be excluded under applicable law.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may suspend or terminate your access to the Services if you breach these Terms of Service, misuse the website, engage in fraudulent or unlawful activity, or where suspension or termination is reasonably necessary to protect Shainey, our customers, Shopify, or the operation of the Services.
Termination does not affect any rights, obligations or amounts that arose before the date of termination.
Any provisions of these Terms that by their nature are intended to continue after termination, including provisions relating to intellectual property, privacy, liability and applicable law, will continue to apply.
SECTION 16 – DISCLAIMER OF WARRANTIES
We aim to provide accurate and up-to-date information about our products and Services. However, we do not guarantee that our website will always be uninterrupted, error-free or available at all times.
Product photographs and images are provided to represent our products as accurately as possible. Colours and appearance may vary slightly depending on your device, screen settings, lighting or photography.
Product measurements, dimensions and other specifications provided on our website are approximate unless otherwise stated.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or other applicable law.
Where the Australian Consumer Law applies, our products come with consumer guarantees that cannot be excluded under law.
SECTION 17 – LIMITATION OF LIABILITY
To the extent permitted by law, Shainey will not be liable for loss or damage arising from circumstances beyond our reasonable control or from the misuse of our products or Services.
We are not responsible for indirect or consequential loss arising from the use of our website or Services, except where such liability cannot lawfully be excluded or limited.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot legally be excluded or limited.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you are responsible for any loss, damage or claim resulting from your unlawful use of the Services, your material breach of these Terms, or your infringement of the rights of another person.
Nothing in this section excludes, restricts or modifies any rights, guarantees or remedies that cannot be excluded under the Australian Consumer Law or other applicable law.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will be enforced to the extent permitted by law or, where necessary, severed from these Terms. The remaining provisions will continue in full force and effect.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms of Service, this does not mean that we waive that right or provision.
These Terms of Service, together with any policies posted on our website, including our Privacy Policy, Shipping Policy and Refund Policy, constitute the agreement between you and Shainey regarding your use of the Services and purchases made through our website.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law, including the Australian Consumer Law.
SECTION 21 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms of Service without our prior written consent. We may transfer or assign our rights and obligations under these Terms where reasonably necessary in connection with the operation, transfer or restructuring of the business, subject to applicable law.
SECTION 22 – GOVERNING LAW
These Terms of Service are governed by the laws of New South Wales, Australia, and the parties submit to the jurisdiction of the courts of New South Wales and applicable Commonwealth courts.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable law
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We may update or change these Terms from time to time by posting the updated Terms on our website. Where required by applicable law, we will provide notice of material changes.
Changes will apply from the effective date stated in the updated Terms or notice and will not affect rights or obligations that arose before that date, except where permitted by law.
SECTION 25 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us at:
Shainey
Email: infoshainey@gmail.com
Sydney, New South Wales, Australia