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AvaEmbellish Terms & Conditions

In these terms and conditions, “we” “us” and “our” refers to AvaEmbellish. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.


SECTION 1 - REGISTERED USERS

1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website. 

4. We reserve the right to terminate your registration at any time if you breach these terms and conditions. 

    SECTION 2 - OUR WEBSITE SERVICES

    1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age or you have given us your consent to allow any of your minor dependants to use this site.

    2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    - You must not transmit any worms or viruses or any code of a destructive nature.
    - A breach or violation of any of the Terms will result in an immediate termination of your Services.

    3. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    4. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). 
    Such new features and/or services shall also be subject to these Terms of Service.

      SECTION 3 - PROHIBITED USES

      1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

      (a) for any unlawful purpose;
      (b) to solicit others to perform or participate in any unlawful acts;
      (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
      (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
      (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
      (f) to submit false or misleading information;
      (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
      (h) to collect or track the personal information of others;
      (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
      (j) for any obscene or immoral purpose; or
      (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

        SECTION 4 - PRODUCT DESCRIPTIONS

        1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission. 

        2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
        3. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

          SECTION 5 – PRODUCT ORDERS

          1. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

          2. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

          3. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. 

          4. Packaging and postage is an additional charge, calculated at time of purchase.

          5. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

          6. We undertake to accept or reject your order within Three business days. If we have not responded to you within Three business days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however, the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

          7. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page. 

          8. All risk of loss or damage to the goods passes to you when we despatch the goods. 

          9. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

          10. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.

          11. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

            SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS

            1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

            2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

              SECTION 7 – PRODUCT RETURNS

              1. We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods. You can also send an email directly to info@avaembellish.com for customer support. All information relating to refunds can be found on our website. If you change your mind, for hygiene reasons, AvaEmbellish reserves the right to not accept returned items that have been opened or tampered with. 

              2. We also undertake to exchange any undamaged product purchased from us so long as it is returned unused in the exact condition that it was received (this means no damage to the item, jewellery card or protective plastic packaging), quality tamper seal intact and with proof of purchase within Ten days from date of purchase however, a refund may not always be provided of such purchases. All items being returned to AvaEmbellish, whether undamaged or faulty will not be at the cost of the customer. AvaEmbellish will provide return instructions to the customer all charges for return postage will be covered by us.

              3. We provide our customers with a 30day guarantee/warranty from date of purchase for our products where we will replace or compensate the consumer in the event that the product breaks (due to being faulty). This guarantee/warranty does not cover “wear and tear” it is to our discretion whether replacement or compensation will be provided in this instance. We are not required to honour this guarantee/warranty in the event a customer has notified us outside the 30day timeframe. It is to our discretion whether replacement or compensation will be provided. It is ultimately your responsibility to notify us of any warranty issues that arise with the products you have received. 

              4. If we are unable at the time of return to replace or exchange returned goods, we will provide you with the option for store credit or to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges. Replacement items will be shipped once the returned items have been received unless otherwise agreed to by us.

              5. If the product was marked as a gift when purchased and was shipped directly to the person receiving the gift then gift card/store credit will be issued to the value of the returned product once the returned product has been received unless otherwise agreed to by us. If the product was not marked as a gift when purchased, or the gift giver had the order shipped to themselves we will send a refund or store credit to the gift giver and they will be notified about your return.

              6. All refunds, replacements or exchanges will be of the same value of the returned item at time of original purchase. Not all refunds will include a refund on shipping. The circumstances surrounding the reason for a refund will determine whether shipping with be refunded. Ultimately it is to the discretion of AvaEmbellish whether shipping will be refunded. If you feel our decision is unjust please contact us at info@avaembellish.com to discuss your situation. Please refer to our Refund Policy for more details.

                SECTION 8 - SITE ACCESS

                1. When you visit our website, we give you a limited licence to access and use our information for personal use. 

                2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

                3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

                4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 

                  SECTION 9 – HYPERLINKS

                  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

                  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

                  2. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 

                    SECTION 10 - INTELLECTUAL PROPERTY RIGHTS

                    1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

                    2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

                    3. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

                    4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
                     
                    5. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

                    6. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 
                    You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
                    The above also applies to all AvaEmbellish social network platforms including but not limited to Facebook, Instagram, Pinterest and ebay.

                      SECTION 11 – DISCLAIMER

                      1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. 

                      2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 
                      We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
                      We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
                      We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
                       
                      You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
                      You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

                          SECTION 12 - STATUTORY GUARANTEES AND WARRANTIES TO CONSUMERS 

                          1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
                          (i) Schedule 2 of the C&C Act; and
                          (ii) those statutory guarantees, all of which are given by us to you if you are a consumer.

                          2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
                          (i) We will repair or replace the goods or any part of them that is defective; or
                          (ii) Provide again or rectify any services or part of them that are defective; or
                          (iii) Wholly or partly recompense you if they are defective.

                          3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
                          (i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
                          (ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. 
                          (iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

                            SECTION 13 - LIMITATION OF LIABILITY

                            1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:- 
                            (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. 
                            (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. 
                            (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
                            (iv) We do not participate in any way in the transactions between our users.

                            2. In no case shall AvaEmbellish, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

                              SECTION 14 – INDEMNITY

                              1. By accessing our website, you agree to indemnify, defend and hold us harmless (not liable) from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

                                SECTION 15 – TERMINATION

                                1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
                                These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
                                If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

                                  SECTION 16 - FORCE MAJEURE

                                  1. If a Force Majeure event causing delay continues for more than 20 business days, we may terminate this Agreement by giving at least 7 business days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. 

                                    SECTION 17 - ENTIRE AGREEMENT

                                    1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
                                    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
                                    Any ambiguities in the interpretation of these Terms of Service shall not be construed against us or the drafting party.

                                      SECTION 19 – JURISDICTION

                                      1. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

                                      2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

                                        SECTION 20 – PRIVACY

                                        1. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

                                        2. Your submission of personal information through the store is governed by our Privacy Policy.

                                        3. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 

                                          SECTION 21 - CHANGES TO TERMS OF SERVICE

                                          1. You can review the most current version of the Terms of Service at any time at this page.

                                          2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 

                                          Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

                                            SECTION 22 - CONTACT INFORMATION

                                            1. If you have any questions about our Terms and Conditions outlined above please contact us at any time at policy@avaembellish.com

                                               
                                              These Terms and Conditions have been specifically drafted for and provided to AvaEmbellish by LawLive Pty Ltd.
                                              Information within this document has also been provided by Shopify inc.