terms of service
this website is operated by Kellie & Abbie. throughout the site, the terms, “we” “us” and “our” refers to Kellie & Abbie.
your access to and use of all information on this website including purchase of our product/s means you engage in our ‘service’ and agree to be bound by the following terms of service. 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.
we reserve the right to update, change or replace any part of these terms of service. it is your responsibility to check this page periodically for changes. your continued use of the website will represent your agreement to be bound by these terms of service following any amendments, updates or 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.
by agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
all prices are in australian dollars (AUD) and without 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.
we reserve the right to refuse service to anyone for any reason at any time.
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
you may not use our products for any illegal or unauthorised 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.
the headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
we are not responsible if information made available on this site is not accurate, complete or current. the material on this site 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 this site is at your own risk.
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.
products and services
we strive to ensure that our products are described as accurately as possible on our website. where we become aware of any mis-description, we reserve the right to correct any error or omission.
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.
prices for our products 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 shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
we reserve the right to limit the quantities of any products or services that we offer.
colours and Images have been provided for illustrative purposes only and we do not guarantee that your computer monitor's display of any color will be accurate.
all product measurements are approximate only.
certain products or services may be available exclusively online through the website. these products or services may have limited quantities and are subject to return or exchange only according to our return policy.
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.
by purchasing our products, you accept you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use and purchase from this site.
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.
postage is an additional charge, calculated at time of purchase.
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.
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.
we undertake to accept or reject your order within 7 days. if we have not responded to you within 7 days, your offer is deemed to be accepted and your order being processed. 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.
once you have submitted an order, you may in some cases be able to request a cancellation of your order by emailing or phoning us. If we are unable to grant your request for cancellation of your order this will apply even if our acceptance or rejection of your offer is still pending.
cancelations are as per our returns policy
delivery of your ordered product/s will be as set out on our website. Title of the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
all risk of loss or damage to the goods passes to you when we despatch the goods.
order cancellation due to error
where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
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.
when you visit our website, we give you a limited licence to access and use our information for personal use.
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.
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.
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.
this website may from time to time contain hyperlinks to other websites and certain content, products and services available via our service may include materials from third-parties.
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.
you may link our website without 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.
intellectual property rights
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.
all trade marks, 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.
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 use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.
furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.
if you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
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.
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.
errors, inaccuracies and omissions
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).
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.
in addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- 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;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- or 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.
whilst we have taken all due care in providing the information on our 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 provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
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 accept any liability for injury or loss of any nature arising directly or indirectly from the application of, use of, or reliance of any information derived from this website.
we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
by accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
if a force majeure event causing delay continues for more than 14 days, we may terminate this agreement by giving at least 7 days notice to you. “force majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
the most likely event this would apply would be extended delays in delivery when stock has failed to arrive within a reasonable time frame and we have been unable to source the goods from another supplier.
these terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of SA australia.
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.
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.
customers that make a purchase through our website will automatically be contacted regarding the shipment status of their order, with the option to be added to our mailing list.
you are welcome to unsubscribe from this list at any time, simply by clicking on the link at the base of the email.
your privacy is important to us, we will never share or onsell your details to a third party.
statutory guarantees and warranties to consumers (more information on our warranty policy can be found on our returns & warranty page)
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 of service are:
schedule 2 of the C&C act; and those statutory guarantees, all of which are given by us to you if you are a consumer.
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:
we will repair or replace the goods or any part of them that is defective; or provide again or rectify any services or part of them that are defective;
or wholly or partly recompense you if they are defective.
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:
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.
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.
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.
limitation of liability
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:
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.
we accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
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.
we do not participate in any way in the transactions between our users.
changes 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, at our sole discretion, to update, change or replace any part of these terms of service. 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
questions about the terms of service should be sent to us at email@example.com.