Terms of service
Welcome to Sunlight Sanctuary Gardens.
The terms βweβ, βusβ and βourβ refer to Sunlight Sanctuary Gardens.
Sunlight Sanctuary Gardens operates this online store and website, including the information, content, features, tools, products and services made available through it (collectively, the βServicesβ).
Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service (βTermsβ) describe your rights and responsibilities when accessing or using our Services.
By visiting our website, browsing our store, placing an order or otherwise using our Services, you agree to these Terms and our applicable policies, including our Privacy Policy and Return and Refund Policy.
If you do not agree with these Terms, you should not use our Services.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
SECTION 1 β ACCESS AND ACCOUNTS
By using our Services, you represent that you are at least the age of majority in your state or territory of residence or otherwise have the legal capacity required to enter into a purchase.
When using our Services, you may be required to provide information including your name, email address, billing information, payment information and shipping address.
You agree that information you provide to us will be accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account.
You must not use our Services for any unlawful or unauthorised purpose.
SECTION 2 β PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to ensure product descriptions, photographs, specifications, prices and other information displayed on our website are accurate.
However, colours and product appearance may vary depending on your device, screen settings, lighting and other factors.
Product images may be illustrative, and minor variations may occur where appropriate.
Product descriptions, availability and pricing may be updated from time to time.
We reserve the right to discontinue products or limit quantities available for purchase.
Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law, including consumer guarantees relating to acceptable quality, fitness for purpose and correspondence with descriptions.
SECTION 3 β ORDERS
When you submit an order, you are making an offer to purchase the products contained in that order.
We reserve the right to accept or decline an order, including where:
- a product is unavailable;
- pricing or product information contains an error;
- payment cannot be authorised;
- we reasonably suspect fraudulent activity; or
- we are unable to fulfil the order.
Your order is accepted when we confirm acceptance or begin processing or fulfilling the order, as applicable.
Please review your order carefully before submitting it.
If you need to change or cancel an order, contact us as soon as possible. We will try to accommodate your request, but changes or cancellations may not be possible once an order has entered processing or has been dispatched.
Returns, refunds and exchanges are governed by our Return and Refund Policy and your rights under applicable Australian law.
SECTION 4 β PRICES AND PAYMENT
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD).
Prices, discounts and promotions may change without notice.
The price applicable to your purchase will generally be the price displayed when you place your order, subject to correction of genuine pricing or technical errors as permitted by law.
Any shipping charges applicable to your order will be displayed during checkout where applicable.
You agree to provide accurate and complete payment and billing information.
By submitting payment information, you represent that you are authorised to use the selected payment method.
SECTION 5 β SHIPPING AND DELIVERY
We aim to process and deliver orders within the timeframes communicated on our website or during checkout.
Any delivery dates or timeframes provided are estimates unless expressly stated otherwise.
Delivery times may vary depending on the product, destination, supplier, fulfilment location, carrier availability and circumstances outside our reasonable control.
Some products may be dispatched separately or from different fulfilment locations and may therefore arrive in separate packages.
If there is a significant problem or delay with your delivery, please contact us so we can investigate and assist you.
Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or other applicable law.
SECTION 6 β RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our voluntary change-of-mind returns are governed by our Return and Refund Policy.
In addition to our voluntary return policy, products sold to Australian consumers come with guarantees that cannot be excluded under the Australian Consumer Law.
Depending on the circumstances, if a product fails to satisfy an applicable consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy provided by law.
Our voluntary return conditions do not restrict your statutory rights regarding faulty, damaged, unsafe, incorrectly described or otherwise non-compliant products.
SECTION 7 β INTELLECTUAL PROPERTY
Unless otherwise indicated, content available through our Services, including our branding, website design, text, graphics, logos and original content, is owned by or licensed to Sunlight Sanctuary Gardens or the relevant rights holder.
Third-party trademarks, product names, images and other intellectual property remain the property of their respective owners.
You may access our website for personal and lawful use.
You must not reproduce, distribute, modify, commercially exploit or otherwise use our protected content without permission except where permitted by law.
SECTION 8 β OPTIONAL AND THIRD-PARTY TOOLS
Our Services may provide access to tools, applications or services supplied by third parties.
We may not control these third-party services.
Your use of third-party tools or services may be subject to separate terms and privacy policies provided by those third parties.
You should review the applicable terms before using them.
Nothing in this section limits rights that cannot lawfully be excluded under Australian law.
SECTION 9 β THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
We are not responsible for the content, availability, accuracy or practices of third-party websites that are outside our control.
Before purchasing products or services from a third-party website, you should review that party's applicable terms and policies.
SECTION 10 β RELATIONSHIP WITH SHOPIFY
Sunlight Sanctuary Gardens is powered by Shopify, which provides the ecommerce technology used to operate our online store.
Purchases made through our store are transactions between you and Sunlight Sanctuary Gardens, rather than purchases from Shopify.
Shopify may process certain information and provide technology and services necessary to operate our store.
Your use of Shopify-related services may also be subject to applicable Shopify terms and privacy practices.
This section does not exclude or limit rights or liabilities that cannot lawfully be excluded under applicable law.
SECTION 11 β PRIVACY
We collect, use and disclose personal information in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted using Shopify, certain information may also be processed by Shopify and other service providers used to operate our business, process payments, fulfil orders and provide our Services.
Please review our Privacy Policy for further information.
SECTION 12 β REVIEWS, FEEDBACK AND USER CONTENT
If you submit a product review, photograph, comment, suggestion or other content to us, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, defamatory, misleading, abusive, infringing, malicious or otherwise inappropriate.
Where you provide content for publication or promotional use, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and distribute that content for purposes reasonably connected with operating and promoting our business.
You retain ownership of your original content.
SECTION 13 β ERRORS AND INACCURACIES
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, prices, promotions, availability, shipping charges or delivery estimates.
Where permitted by law, we may correct errors or update information.
If an error materially affects an order you have already placed, we will take reasonable steps to contact you and provide an appropriate solution.
Nothing in this section limits your rights under Australian Consumer Law.
SECTION 14 β PROHIBITED USES
You must not use our website or Services:
- for unlawful or fraudulent purposes;
- to violate applicable laws or regulations;
- to infringe intellectual property or privacy rights;
- to transmit malicious software, viruses or harmful code;
- to obtain unauthorised access to our systems;
- to interfere with the operation or security of our Services;
- to collect personal information about others unlawfully;
- to send spam or other unauthorised communications; or
- to impersonate another person or provide deliberately false or misleading information.
We may restrict or terminate access to our Services where we reasonably believe these Terms have been breached.
SECTION 15 β AVAILABILITY OF SERVICES
We do not guarantee that our website will always be available or uninterrupted.
We may modify, suspend or discontinue parts of our Services where reasonably necessary, including for maintenance, security, technical or business reasons.
SECTION 16 β DISCLAIMER AND AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
To the extent permitted by law, we do not guarantee that our website will be uninterrupted, completely secure or free from technical errors.
Any exclusions or limitations contained in these Terms apply only to the maximum extent permitted by applicable law.
SECTION 17 β LIMITATION OF LIABILITY
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special or consequential loss arising solely from your use of our website or Services where such liability may lawfully be excluded.
However, nothing in these Terms excludes, restricts or modifies liability, consumer guarantees, rights or remedies that cannot legally be excluded, restricted or modified.
Where our liability can lawfully be limited, it will be limited only to the extent permitted by applicable law.
SECTION 18 β INDEMNITY
To the extent permitted by law, you agree to indemnify Sunlight Sanctuary Gardens against losses, liabilities or reasonable costs arising directly from your unlawful use of our Services, your material breach of these Terms or your infringement of another person's rights.
This provision does not require you to indemnify us for loss caused by our own unlawful conduct, negligence or breach where such liability cannot lawfully be transferred to you.
SECTION 19 β SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply.
SECTION 20 β WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a right under these Terms, this does not necessarily mean that we waive that right.
These Terms, together with the policies and conditions incorporated into them, form the agreement governing your use of our Services.
SECTION 21 β GOVERNING LAW
These Terms are governed by the laws applicable in Western Australia, Australia, subject to any mandatory laws that apply to you as a consumer.
Nothing in these Terms prevents you from exercising rights available under applicable Australian consumer legislation.
SECTION 22 β CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.
The current version will be published on our website together with its updated date where appropriate.
Changes will apply in accordance with applicable law.
SECTION 23 β CONTACT INFORMATION
Questions regarding these Terms of Service can be sent to:
Sunlight Sanctuary Gardens
Email: support@sunlightsanctuarygardens.com
Australia
For order, delivery, return or refund enquiries, please contact us using the email address above.