Reference to “Timeless by Heather Hill”, “Timeless”, “we”, “us” or “our” is a reference to Heather Hill Timeless Threads Pty Ltd.
Please read through the following terms and conditions (Terms) carefully as they govern the use and access to the website www.timelessbyheatherhill.com.au (Website) and the purchase of any items from Timeless.
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.
The headings used in the Agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. YOUR ACCEPTANCE
You agree to be bound by these terms by using, accessing, browsing any part of this Website, including through communicating with Timeless, purchasing any Timeless products and participating in any Timeless forums, promotions, subscriptions, purchases, specials and/or programs (Services).
3. GENERAL DISCLAIMER
The information on this Website and these Terms are subject to change from time to time. Any new features, tools or items that are added to the Website will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our Website. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes. The Terms that are in place at the time you place an order will apply to that order.
4. ONLINE STORE TERMS
You may not use our products, Website or Services for any illegal or unauthorized purpose, nor through their use may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature to our Website.
A breach or violation of any of the Terms will result in an immediate termination of any Services.
5. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmission over various networks; and
- changes to confirm and adapt to technical requirements of connecting networks and devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7. MODIFICATIONS TO SERVICES AND PRICES
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain Services may be available exclusively online through the website. These Services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our Services that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our 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 Services that we offer. All descriptions of Services including pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on the Website is void where prohibited.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
The Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. We reserve the right to refuse or limit any order which we reasonably consider is for commercial use or sale, or where a product is not in-stock.
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.
Any orders received by Timeless through the Website constitute offers and are subject to acceptance or rejection by us in our discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.
Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
We do not guarantee the availability of any products advertised on the Website.
Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.
Timeless terms and conditions relating to Delivery are available at http://www.heatherhilltimelessthreads.com.au/pages/delivery and Returns at http://www.heatherhilltimelessthreads.com.au/pages/returns.
10. YOUR ACCOUNT AND PASSWORD
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. 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.
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.
Payment can be made by Visa, MasterCard or American Express (Australian Registered Cards only). Credit Card transactions can be processed using Shopify e-commerce platform or PayPal. Your card details are not disclosed to us and are not stored in our database. Please note that delays may occur on large orders while the card is checked for authenticity.
12. OPTIONAL TOOLS
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 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 will also be subject to these Terms.
13. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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.
14. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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 will be, under no obligation
(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.
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.
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.
15. PERSONAL INFORMATION
16. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services 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 Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
17. PROHIBITED USES
In addition to other prohibitions in the Terms, you are prohibited from using the Website 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 Website, Services or any related website for violating any of the prohibited uses.
18. LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Website or our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the Website or oru Services will be accurate or reliable.
You agree that from time to time we may remove the Website and Services 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 Website and Services is at your sole risk. The Website and Services delivered to you 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.
Subject to your rights under the Australian Consumer Law, you understand and agree that:
- neither Timeless, or its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless Timeless has acted in breach of the Terms. This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise; our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant good or service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
- otherwise, we limit any and all of our liability to AUD$100.
For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.
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.
You agree to indemnify, defend and hold harmless Timeless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 are effective unless and until terminated by either you or us. You may terminate these Terms 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 judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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).
22. Consent To Receiving Commercial Electronic Messages
If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
23. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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).
Any ambiguities in the interpretation of these Terms will not be construed against the us.
24. GOVERNING LAW
These Terms and any separate agreements to which we provide you Services will be governed by and construed in accordance with the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.
25. CONTACT INFORMATION
If you have any questions about the Terms, please Contact Us.