Terms of service

These Terms of Service ("Terms") govern your access to and use of the ACACIA Artisan website, online store, products and services.

In these Terms, "ACACIA Artisan", "ACACIA", "we", "us" and "our" refer to ACACIA Artisan, located at:

4A Hunter Street
Fairfield NSW 2165
Australia

Our website and online store are operated using Shopify, which provides the ecommerce platform that enables us to sell our products and provide our Services to you.

By accessing or using our website, browsing our store, creating an account or purchasing products from us, you agree to be bound by these Terms and any policies referenced in these Terms, including our Privacy Policy, Refund Policy and Shipping Policy.

If you do not agree to these Terms, please do not use our website or Services.

SECTION 1 - ELIGIBILITY AND ACCOUNT

By using our Services, you confirm that you are legally capable of entering into a binding agreement under applicable law.

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and password and for all activity that occurs through your account.

You agree to provide accurate, current and complete information when creating an account or placing an order and to update your information when necessary.

You must not transfer, sell, assign or otherwise provide your account to another person without our prior written consent.

We reserve the right to suspend or terminate an account where we reasonably believe that the account has been used in breach of these Terms or applicable law.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, images, colours, dimensions and other information displayed on our website are accurate and up to date.

However, the appearance of products may vary depending on your device, screen settings, lighting conditions and other factors.

Product availability, descriptions, specifications and prices may change from time to time without notice.

We reserve the right to discontinue products, limit quantities or refuse an order were permitted by law.

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

SECTION 3 - ORDERS AND ACCEPTANCE

When you place an order through our website, you are making an offer to purchase the products selected by you.

After you place an order, you will generally receive an order confirmation acknowledging that we have received your order. This confirmation does not necessarily mean that your order has been accepted.

We reserve the right to accept or decline an order were permitted by law, including where:

a product is unavailable;
there is an error in the product description or price;
we reasonably suspect fraudulent or unauthorised activity;
we are unable to process payment; or
we are unable to fulfil the order for another lawful reason.

If we cancel or decline an order after payment has been received, we will arrange a refund of the amount paid for the cancelled order or affected products, subject to applicable law.

You should review your order carefully before completing your purchase.

Our returns and refunds are governed by our Refund Policy, which forms part of these Terms.

SECTION 4 - PRICES, PAYMENT AND BILLING

All prices displayed on our website are in Australian dollars (AUD), unless otherwise stated.

Prices, discounts and promotions may change from time to time.

The applicable product price and shipping charges will be displayed during the checkout process before you complete your purchase.

You agree to provide accurate and complete billing, payment and contact information.

You authorise us and our payment service providers to process payment for your order using the payment method selected at checkout.

If a payment is declined or cannot be processed, we may be unable to fulfil the order until payment has been successfully completed.

If we discover an obvious pricing or product-information error after an order has been placed, we may contact you to discuss the error and available options, subject to applicable law.

SECTION 5 - SHIPPING AND DELIVERY

Orders are processed and dispatched from Australia.

Our current shipping arrangements, processing times, delivery estimates and shipping charges are set out in our Shipping Policy.

Our current Shipping Policy provides for:

processing of up to 10 business days before dispatch;
standard shipping of approximately 2–8 business days after dispatch;
express shipping of approximately 1–4 business days after dispatch;
standard shipping of $10 for orders under $100;
free standard shipping for orders of $100 or more; and
express shipping of $15.

Delivery times are estimates and may vary due to carrier delays, public holidays, weather, destination or circumstances outside our reasonable control.

Selecting express shipping does not reduce the order-processing period.

You are responsible for providing accurate delivery information when placing an order. If incorrect or incomplete information is provided, this may result in delivery delays or additional delivery costs.

However, nothing in these Terms limits any rights you may have under the ACL where goods are not delivered or are otherwise not supplied in accordance with applicable consumer guarantees.

For full details, please refer to our Shipping Policy.

SECTION 6 - RETURNS, REFUNDS AND CONSUMER GUARANTEES

Our voluntary change-of-mind return policy allows eligible customers to request a return within 30 days of receiving an order, subject to the conditions set out in our Refund Policy.

For change-of-mind returns, eligibility may depend on factors including the condition of the product, original packaging, tags and proof of purchase.

For change-of-mind returns, the customer is generally responsible for return shipping costs unless we agree otherwise.

Our Refund Policy does not limit, exclude or replace rights available under the Australian Consumer Law.

If a product is faulty, damaged, incorrectly supplied, does not match its description, or otherwise fails to meet an applicable consumer guarantee, you may have rights to a repair, replacement, refund or other remedy depending on the circumstances.

For full details, please see our Refund Policy.

SECTION 7 - AUSTRALIAN CONSUMER LAW

Nothing in these Terms is intended to exclude, restrict or modify 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.

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

Depending on the circumstances, if a product has a problem covered by a consumer guarantee, you may be entitled to a repair, replacement, refund, cancellation or compensation for reasonably foreseeable loss or damage.

For a major failure involving goods, you may generally be entitled to choose a refund or replacement. For a minor failure, an appropriate remedy may include repair or replacement.

Consumer guarantees apply independently of any voluntary warranty, or our change-of-mind return policy.

We will not represent that your Australian Consumer Law rights are limited to any return period, warranty period or other voluntary policy.

The Australian Consumer Law applies to online purchases in the same way it applies to purchases made through physical businesses.

SECTION 8 - INTELLECTUAL PROPERTY

Unless otherwise stated, the content and materials available through our Services, including our trademarks, logos, product names, text, photographs, graphics, videos, designs, product descriptions and website layout, are owned by or licensed to ACACIA Artisan and are protected by applicable intellectual property laws.

You may use our website for your personal and lawful shopping purposes.

You must not, without our prior written permission:

reproduce or republish our website content;
copy or commercially exploit our product photographs or descriptions;
modify or create derivative works from our content;
distribute or publicly display our content for commercial purposes;
use our trademarks or branding; or
systematically extract or reproduce substantial portions of our website content.

Nothing in these Terms transfers ownership of our intellectual property to you.

SECTION 9 - THIRD-PARTY SERVICES AND TOOLS

Our Services may include features, applications, payment services, analytics tools or other services provided by third parties.

Third-party services may be subject to their own terms and privacy policies.

Where permitted by law, ACACIA Artisan is not responsible for the operation, availability, content or policies of third-party services that we do not control.

Your use of third-party services is subject to the terms and policies of the relevant third-party provider.

SECTION 10 - THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience only.

We do not control or endorse third-party websites and are not responsible for their content, security, privacy practices, products or services.

If you access a third-party website through a link on our website, you do so at your own discretion and risk.

You should review the applicable third party's terms and privacy policy before using its services or providing personal information.

SECTION 11 - SHOPIFY

Our online store is hosted and powered by Shopify.

Shopify provides the ecommerce platform and technical infrastructure that enables us to offer our products and Services online.

However, purchases made through our online store are transactions between you and ACACIA Artisan.

Shopify is not the seller of the products offered by ACACIA Artisan and is not responsible for the products, fulfilment, returns, refunds or other aspects of transactions between you and ACACIA Artisan, except to the extent otherwise required by applicable law.

Your use of Shopify-powered features may also be subject to Shopify's applicable terms and policies.

SECTION 12 - PRIVACY

Your use of our Services is also subject to our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose and protect personal information in connection with our website and Services.

By using our Services, you acknowledge that you have read our Privacy Policy.

You can access our Privacy Policy through the Privacy Policy link available on our website.

SECTION 13 - CUSTOMER FEEDBACK AND REVIEWS

If you voluntarily submit reviews, comments, photographs, suggestions, ideas or other content to us ("Feedback"), you grant ACACIA Artisan a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute that Feedback for purposes related to our business, including marketing and promotion, subject to applicable law.

You represent that:

you own or have the necessary rights to provide the Feedback;
the Feedback does not infringe another person's rights;
the Feedback is not misleading or fraudulent; and
the Feedback does not contain unlawful, defamatory, abusive, obscene or malicious material.

We reserve the right to remove or decline to publish Feedback were permitted by law.

We do not have an obligation to publish or respond to every item of Feedback.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

There may occasionally be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or other information.

We reserve the right to correct errors and update information.

If an error materially affects an order you have placed, we may contact you to discuss the issue and available options, subject to your rights under applicable law.

SECTION 15 - PROHIBITED USES

You must use our Services only for lawful purposes.

You must not use our Services:

to violate any applicable law or regulation;
to infringe intellectual property or other rights;
to upload or transmit malicious code, viruses or other harmful material;
to interfere with the security or operation of our website;
to impersonate another person or entity;
to provide false or misleading information;
to engage in fraudulent activity;
to collect personal information from other users without lawful authority;
to send spam, phishing messages or other unauthorised communications;
to reproduce, copy, resell or commercially exploit our Services without permission;
to use automated systems, bots, crawlers or scraping tools to access or extract substantial website content without our permission, except where such access is permitted by applicable law or our published technical instructions; or
to circumvent security, access controls or other technical measures used to protect our Services.

We may suspend or terminate access to our Services where we reasonably believe these Terms have been breached, subject to applicable law.

SECTION 16 - AUTOMATED ACCESS AND AGENTS

You must not use an automated system, software agent or other autonomous or semi-autonomous technology to access, interact with or extract data from our Services in a manner that:

violates these Terms;
bypasses security or access controls;
misrepresents the nature of the automated access;
interferes with the operation of our Services; or
breaches applicable law.

We may implement reasonable technical measures to limit or prevent automated access where appropriate.

Nothing in this section is intended to restrict activities that are permitted by applicable law.

SECTION 17 - TERMINATION

We may suspend or terminate your access to our Services were permitted by law, including where you materially breach these Terms or engage in fraudulent, unlawful or abusive conduct.

Termination will not affect rights or obligations that arose before termination.

Any provisions that by their nature should continue after termination, including intellectual property, liability, indemnification, governing law and dispute-related provisions, will continue to apply to the extent permitted by law.

SECTION 18 - DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, information provided through our Services is made available for general information purposes.

We make reasonable efforts to ensure that information on our website is accurate and current, but we do not guarantee that every piece of information will always be complete, accurate, current or error-free.

Our Services may occasionally be unavailable because of maintenance, technical issues, system failures or circumstances outside our reasonable control.

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

SECTION 19 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, ACACIA Artisan will not be liable for indirect, incidental, special or consequential loss arising from your use of our Services.

This may include loss of profits, revenue, data or business opportunities, except where such liability cannot lawfully be excluded or limited.

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

Where liability can lawfully be limited, our liability will be limited to the extent permitted by law.

SECTION 20 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify ACACIA Artisan and its officers, employees, contractors and service providers against reasonable losses, liabilities, costs and claims arising from:

your material breach of these Terms;
your unlawful use of the Services;
your infringement of another person's rights; or
your misuse of our Services.

This indemnity does not apply to the extent that the relevant loss or liability was caused by ACACIA Artisan's own breach of law or obligations.

SECTION 21 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where legally permitted.

If it cannot be made enforceable, it will be severed from these Terms.

The remaining provisions will continue to apply.

SECTION 22 - WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with the policies expressly incorporated into them, constitute the agreement between you and ACACIA Artisan regarding your use of our Services.

These Terms replace any previous terms relating to the same subject matter, except where otherwise agreed in writing.

SECTION 23 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is not permitted by law.

We may assign or transfer our rights and obligations under these Terms as part of a business sale, restructuring or other lawful transaction.

SECTION 24 - GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

Subject to any mandatory rights you may have under applicable consumer protection legislation, you agree that the courts of New South Wales, Australia will have jurisdiction in relation to disputes arising from these Terms or your use of our Services.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law or other applicable law.

SECTION 25 - CHANGES TO THESE TERMS

We may update these Terms from time to time.

The latest version will be published on this page with the updated "Last updated" date.

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

Your continued use of our Services after updated Terms are published constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 26 - CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us.

ACACIA Artisan

Address:
4A Hunter Street
Fairfield NSW 2165
Australia

Email:
info@acaciasc.com

Website:
https://acaciasc.com/