Terms of service
OVERVIEW
Welcome to Espiaye Apparel! The terms “we”, “us” and “our” refer to Espiaye Apparel. Espiaye Apparel 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”). Espiaye Apparel 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. Our Privacy Policy is available at https://espiaye.com/policies/privacy-policy.
If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law and any mandatory consumer protection laws applicable to you.
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, territory, province or country of residence, or that 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 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 activity conducted through your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours and product appearance may differ slightly from how they appear on your screen due to your device, display settings, lighting and other factors.
We do not guarantee that colours displayed electronically will exactly reproduce the physical colour of a product.
All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.
Nothing in this section excludes or limits any rights you may have where a product does not correspond with its description, is faulty, or otherwise fails to comply with applicable consumer law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Espiaye Apparel reserves the right to accept or decline an order, subject to applicable law. Your order is not accepted until Espiaye Apparel 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 modification requests once an order has been accepted or has entered the fulfilment process.
If we do not accept an order, or if we need to change or cancel an order, we will attempt to notify you using the email address, billing information and/or other contact information provided when the order was placed.
We may cancel or refuse an order where reasonably necessary, including where a product is unavailable, where there is an obvious pricing or promotional error, where payment cannot be authorised, where we reasonably suspect fraud or unauthorised activity, or where we are unable to fulfil or deliver the order. If we cancel an order after payment has been received, we will refund the applicable amount.
Purchases are subject to our Refund Policy, available at https://espiaye.com/policies/refund-policy. Our Refund Policy is in addition to, and does not limit, any rights or remedies available to you under applicable consumer law.
You represent that purchases made through the Services are for legitimate personal or household use and not for unauthorised commercial resale.
SECTION 4 - PRICES, BILLING AND PROMOTIONS
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price displayed and applicable at the time the order is placed, subject to the correction of obvious pricing or technical errors as permitted by law.
Unless otherwise expressly stated, displayed prices may not include shipping, handling, customs duties, import taxes or other charges that may apply to an international shipment.
Prices displayed in different currencies may be converted or localised based on your location or selected currency. Currency conversion rates may change and the final amount charged may vary depending on the currency and payment method used.
We may offer promotions, discount codes, free gifts, multi-buy offers or other special offers from time to time. Such promotions may be subject to additional terms, eligibility requirements, exclusions, minimum purchase amounts and promotional periods. Unless otherwise stated, promotional offers cannot be combined.
Where an order is placed using a promotion, discount or free-item offer, the value of any refund or return will be determined in accordance with the terms of the applicable promotion and our Refund Policy, subject always to any rights you have under applicable consumer law.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information as necessary so that we can complete your transactions and contact you when required.
You represent and warrant that the payment information you provide is true, correct and complete and that you are authorised to use the relevant payment method.
SECTION 5 - SHIPPING AND DELIVERY
Our Shipping Policy is available at https://espiaye.com/policies/shipping-policy and forms part of these Terms.
Orders may be fulfilled and shipped from different locations, including fulfilment centres located outside Australia. The shipping origin of an order does not necessarily indicate the location of Espiaye Apparel or alter the identity of Espiaye Apparel as the seller.
Delivery dates and transit times provided by us are estimates unless expressly stated otherwise. Actual delivery times may be affected by shipping carriers, customs processing, destination-country requirements, weather, peak periods and other circumstances outside our reasonable control.
We are not responsible for delays caused by shipping carriers, customs authorities or circumstances outside our reasonable control. However, nothing in this section excludes or limits any rights or remedies you may have under applicable consumer law in relation to the delivery of your order.
You are responsible for providing complete and accurate shipping information. If an order cannot be delivered or is returned because of incorrect or incomplete information supplied by you, additional shipping charges may apply if the order is resent, to the extent permitted by applicable law.
International orders may be subject to customs duties, import taxes, brokerage fees or other charges imposed by the destination country. Unless expressly stated otherwise at checkout or in our Shipping Policy, these charges are the responsibility of the recipient. Customs requirements and charges vary between jurisdictions.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by Espiaye Apparel, its affiliates or licensors and are protected by applicable Australian and international 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 from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by law.
Except as expressly provided in these Terms, nothing grants or shall be construed as granting a licence or other right to you under any trademark, copyright or other intellectual property of Espiaye Apparel, Shopify or any third party.
Espiaye Apparel’s names, logos, product and service names, designs and slogans are trademarks or intellectual property of Espiaye Apparel or its licensors, as applicable. You must not use them without our prior written 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 appearing through the Services 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 neither monitor nor have control over.
You acknowledge and agree that, to the extent permitted by applicable law, we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.
Any use by you of optional third-party tools offered through the Services is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.
We may also offer new features through the Services in the future, including new tools and resources. Such new features shall form part of the Services and are subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so subject to the terms and policies applicable to those third parties.
To the extent permitted by applicable law, we are not responsible for harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources or content provided independently by third parties.
Please review the relevant third party’s policies and practices before engaging in a transaction with them. Complaints, claims, concerns or questions regarding products or services supplied independently by a third party should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Espiaye Apparel is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases you make through our store are made directly with Espiaye Apparel.
By using the Services, you acknowledge that Shopify is the ecommerce platform provider and is not the seller of products purchased from Espiaye Apparel.
To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, damages or liabilities arising solely from products sold to you by Espiaye Apparel.
Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available at https://espiaye.com/policies/privacy-policy.
Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, which may be located in countries other than the country in which you reside.
Please review our Privacy Policy for more information about how personal information is collected, used, disclosed and otherwise processed.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content relating to us or our products (collectively, “Feedback”), you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, publish, distribute and display such Feedback for purposes including operating, improving and promoting our business, products and Services, subject to applicable law.
You represent that you own or have the necessary rights to provide the Feedback and that your Feedback does not violate the rights of any third party.
Where applicable, you must disclose any compensation or incentive you received in connection with Feedback or a review.
We may monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise in violation of these Terms.
You are responsible for Feedback you submit and its accuracy. You must not use a false identity or otherwise mislead us or others as to the origin of Feedback.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to matters including product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to change or update information where necessary.
Where there is an obvious pricing, promotional, stock or technical error affecting an order, we may contact you to correct the error or, where permitted by applicable law, cancel the affected order and refund any amount paid for it.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable law or regulation;
(c) to infringe or violate our intellectual property rights or those of others;
(d) to harass, abuse, threaten, defame, intimidate or harm another person;
(e) to transmit false or misleading information;
(f) to transmit material that violates these Terms;
(g) to transmit unsolicited advertising, spam, chain letters or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that unlawfully restricts or inhibits another person’s use of the Services or that may harm Espiaye Apparel, Shopify or users of the Services.
You also agree not to upload or transmit malicious code; unlawfully collect or track personal information; spam, phish, pharm or pretext the Services; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as authorised by us or permitted by law; or interfere with or circumvent security or authorisation features of the Services.
Subject to applicable law, we reserve the right to suspend or terminate access to the Services where we reasonably determine that these Terms have been 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 any 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.
14.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with these Agent Terms. No Agent may access, use or interact with the Services where we have requested that the Agent refrain from doing so.
14.3 We may use reasonable technical measures to control whether and how Agents access, use and interact with the Services.
14.4 Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity, falsely represent themselves as human, or circumvent measures intended to block, limit or control automated access to the Services.
SECTION 15 - TERMINATION
Subject to applicable law, we may suspend or terminate your access to the Services where you breach these Terms or use the Services unlawfully or in a manner that materially harms or risks harm to us, our customers, Shopify or third parties.
Termination does not affect rights, obligations or liabilities that arose before termination.
The following sections will continue to apply following termination to the extent appropriate: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
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 applicable rights under the Australian Consumer Law.
Subject to those rights and to the fullest extent permitted by applicable law, information presented through the Services is provided for general information purposes and we do not warrant that all information will at all times be complete, current or error-free.
Except as expressly stated by Espiaye Apparel or required by applicable law, the Services are provided “as is” and “as available”. We do not guarantee that access to the Services will be uninterrupted, timely, secure or error-free.
Any exclusion or disclaimer in this section applies only to the extent permitted by applicable law.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
To the fullest extent permitted by applicable law, Espiaye Apparel and its affiliates, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services, except where such liability cannot lawfully be excluded or limited.
Any limitation or exclusion of liability contained in these Terms applies only to the maximum extent permitted by applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify Espiaye Apparel, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against third-party claims, losses or liabilities arising directly from your material breach of these Terms, your unlawful use of the Services, or your infringement of the rights of a third party.
Nothing in this section requires you to indemnify any person for loss caused by that person’s own unlawful conduct, negligence or breach of these Terms to the extent such an indemnity would be prohibited by applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or, where necessary, severed from these Terms.
The invalidity or unenforceability of one provision will not affect the validity and enforceability of the remaining provisions.
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 by reference, constitute the agreement between you and us concerning your use of the Services and supersede prior agreements or communications concerning the same subject matter.
Nothing in this section excludes representations or rights that cannot lawfully be excluded.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.
We may transfer or assign our rights and obligations under these Terms as part of a sale, transfer, restructuring or other change to our business, subject to applicable law and provided that doing so does not unlawfully reduce your existing rights.
SECTION 22 - GOVERNING LAW
These Terms and any separate agreements through which we provide the Services are governed by the laws of Western Australia, Australia.
You and Espiaye Apparel submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.
Nothing in this section excludes, restricts or modifies any mandatory consumer protection rights or remedies that apply to you under applicable law.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will 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 at any time on this page.
We reserve the right to update, change or replace these Terms by posting updates to our website. Where required by applicable law, we will provide notice of material changes.
Changes will take effect from the date stated in the relevant update or notice and will not retrospectively remove rights that have already accrued under an existing purchase.
Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at hello@espiaye.com.
Espiaye Apparel
ABN 60 671 428 772
PO Box 47
Kwinana WA 6966
Australia
Email: hello@espiaye.com
Refund Policy: https://espiaye.com/policies/refund-policy
Privacy Policy: https://espiaye.com/policies/privacy-policy
Shipping Policy: https://espiaye.com/policies/shipping-policy