Terms of service
OVERVIEW
Welcome to Hessian & Lace Collective! The terms “we”, “us” and “our” refer to Hessian & Lace Collective. Hessian & Lace Collective operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Hessian & Lace Collective is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every reasonable effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ slightly from how they appear on your screen due to the type of device you use, screen settings, lighting and other display variations.
Product images, including lifestyle images, may be used for illustrative purposes. Please refer to individual product descriptions, specifications, measurements and colour selections when making your purchase.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
All descriptions of products are subject to change from time to time. We reserve the right to discontinue any product and may limit the quantities of products that we offer to any person, geographic region or jurisdiction where reasonably necessary.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Hessian & Lace Collective reserves the right to accept or decline an order where reasonably necessary, including where a product is unavailable, there is an error in pricing or product information, payment cannot be authorised, or we reasonably suspect fraudulent or unauthorised activity.
Your order is not accepted until Hessian & Lace Collective confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or amendment requests once an order has entered processing.
If we do not accept an order, or if we need to make a change to or cancel an order, we will attempt to notify you using the email address, billing information and/or phone number provided when the order was placed.
Your purchases are subject to our Return & Refund Policy and any rights and remedies available to you under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price displayed at the time the order is placed and will be set out in your order confirmation.
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD). Applicable shipping options and any additional charges will be clearly displayed at checkout before you complete your purchase. Free standard shipping is currently available on Australian orders.
Prices displayed in our online store may differ from prices offered through other sales channels or third-party platforms.
We may offer promotions from time to time that are governed by separate promotional terms. If there is a conflict between the terms of a specific promotion and these Terms, the terms of that promotion will apply to the extent of the inconsistency.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store. You agree to promptly update your account and other information where necessary so that we can complete transactions and contact you as needed.
You represent and warrant that you are authorised to use the payment method provided for your purchase and that the information supplied is accurate.
SECTION 5 - SHIPPING AND DELIVERY
Delivery timeframes displayed on our website are estimates and may vary depending on your location, carrier conditions, public holidays, peak periods and circumstances outside our reasonable control.
We will take reasonable steps to assist customers where a delivery issue arises.
Customers are responsible for providing complete and accurate delivery information when placing an order. If you become aware of an error in your delivery information, please contact us as soon as possible. Once an order has entered processing or has been dispatched, we may not be able to alter its delivery details.
Further information regarding shipping, tracking, estimated delivery times and Priority Processing is available in our Shipping Policy.
Nothing in this section excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Hessian & Lace Collective, its affiliates or licensors and are protected by applicable copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except where permitted by law.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any copyright, trademark or other intellectual property right of Hessian & Lace Collective, Shopify or any third party.
Hessian & Lace Collective’s names, logos, product and service names, designs and slogans are trademarks or other intellectual property of Hessian & Lace Collective or its licensors, where applicable. They must not be used without appropriate permission.
Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we may neither monitor nor have control over.
You acknowledge and agree that access to third-party tools may be provided “as is” and “as available”, subject to applicable law.
Any use by you of optional third-party tools offered through the site is at your discretion, and you should ensure that you understand and agree to the terms on which those third-party tools are provided.
We may also offer new features through the Services in the future. Such features will form part of the Services and will be subject to these Terms of Service where applicable.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated by third parties, including embedded third-party functionality.
We are not responsible for the content, accuracy, privacy practices or security of third-party websites that we do not control.
If you choose to leave our Services to access a third-party website, you should review that third party’s terms, privacy policies and practices before engaging in a transaction or providing personal information.
Complaints, claims or questions regarding third-party products and services should generally be directed to the relevant third party, except where Hessian & Lace Collective remains responsible under applicable law.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Hessian & Lace Collective is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases made through our store are made directly with Hessian & Lace Collective. Shopify provides the ecommerce platform and associated services used to operate our store but is not the seller of Hessian & Lace Collective products.
Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.
SECTION 10 - PRIVACY POLICY
Personal information we collect through the Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to access to and use of the Services in order to provide and improve its services.
Information submitted through the Services may be transmitted to or processed by Shopify and other service providers, including providers located outside Australia, where necessary to operate our store, process transactions, fulfil orders, provide customer service or otherwise provide the Services.
Please review our Privacy Policy for further information about how Hessian & Lace Collective, Shopify and relevant service providers collect, use and disclose personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that Feedback for legitimate business purposes, including operating, improving and promoting our Services, subject to applicable law.
You represent that you own or have the necessary rights to submit the Feedback and that your Feedback will not violate applicable law or the rights of another person.
Where you have received compensation or an incentive in connection with a review or other Feedback, this must be appropriately disclosed.
We may moderate or remove Feedback that we reasonably determine is unlawful, fraudulent, abusive, obscene, misleading or infringes another person’s rights.
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, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and update information where necessary.
Where an error affects an order that has already been submitted, we will deal with the matter reasonably and in accordance with applicable law, including Australian Consumer Law.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You must not use the Services to:
(a) engage in unlawful, fraudulent or malicious activity;
(b) violate applicable laws or regulations;
(c) infringe our intellectual property rights or the rights of another person;
(d) harass, abuse, threaten, defame or unlawfully harm another person;
(e) knowingly transmit false, fraudulent or misleading information;
(f) transmit malicious software, viruses or other harmful code;
(g) send spam, phishing communications or other unauthorised solicitations;
(h) impersonate another person or entity;
(i) interfere with or circumvent security features of the Services;
(j) improperly collect or track personal information belonging to others; or
(k) reproduce, extract, sell, resell or exploit the Services contrary to these Terms or applicable law.
We reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been materially violated.
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 the Services.
“Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.
14.2 Agents must not access or interact with the Services in a manner designed to circumvent security measures, access restrictions or other technical controls.
14.3 We may use reasonable technical measures to control whether and how automated Agents access or interact with the Services.
14.4 Agents must not intentionally conceal or misrepresent their automated nature, circumvent CAPTCHAs or similar security measures, or otherwise access the Services contrary to these Terms or applicable law.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services where reasonably necessary, including where these Terms have been materially breached, fraudulent or unlawful activity is reasonably suspected, or continued access poses a security or operational risk.
Termination does not affect rights or obligations that arose before termination.
Provisions which by their nature are intended to survive termination will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
Subject to those rights, information provided through the Services is provided for general informational purposes and we do not guarantee that all information will always be complete, current or error-free.
To the extent permitted by law, third-party services and optional tools may be provided on an “as is” and “as available” basis.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees, rights or remedies where doing so would be unlawful, including under the Australian Consumer Law.
To the maximum extent permitted by law, Hessian & Lace Collective will not be liable for indirect or consequential loss arising from use of the Services where such liability may lawfully be excluded.
Any limitation of liability contained in these Terms applies only to the extent permitted by applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Hessian & Lace Collective against reasonable losses, damages, liabilities or claims arising directly from your material breach of these Terms, unlawful use of the Services or infringement of another person’s rights.
This section does not require you to indemnify Hessian & Lace Collective for losses caused by our own unlawful conduct, negligence or breach of obligations that cannot lawfully be excluded.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be severed or limited to the extent necessary while the remaining provisions will continue in effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with the policies and other terms expressly incorporated into them, constitute 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 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.
We may transfer or assign our rights and obligations in connection with a legitimate transfer, sale or restructuring of our business, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide the Services are governed by the laws applicable in Queensland, Australia, and applicable Commonwealth laws of Australia.
Nothing in this section limits any rights you may have under applicable consumer protection legislation.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service on this page.
We may update or change these Terms from time to time to reflect changes to our Services, business practices or legal obligations.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will apply from their stated effective date and will not retrospectively remove rights that have already arisen under applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Hessian & Lace Collective
Email: collective@hessianandlace.com