OVERVIEW
This website is operated by Love and Giggles. Throughout the site, the terms “we”, “us” and “our” refer to Love and Giggles. We offer this website, including all information, tools and services available from it, to you—the user—conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the store will also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the site following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the online e‑commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependants to use this site.
You agree not to use our products or services for any illegal or unauthorised purpose, and you must not violate any laws in your jurisdiction (including copyright laws) while using the Service.
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach or violation of these Terms may result in the immediate termination of your access to the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmission over various networks, and
(b) changes to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
Headings in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 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.
This site may include historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change at any time without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We are not liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only in accordance with our Returns and Refund Policy.
We make every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your device’s display of any colour will be accurate.
We reserve the right—but are not obligated—to limit the sale of our products or Services to any person, geographic region or jurisdiction. This may be exercised on a case‑by‑case basis. We also reserve the right to limit quantities of any products or services we offer.
All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for a product or service on this site is void where prohibited.
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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email, billing address or phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account details, including your email address and payment information, so we can complete your transactions and contact you as needed.
For more information, please review our Returns and Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third‑party tools that we do not monitor, control or influence.
You acknowledge and agree that any such tools are provided “as is” and “as available,” without warranties, representations or conditions of any kind and without any endorsement. We are not liable for any issues arising from or related to your use of optional third‑party tools.
Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms on which these tools are provided by the relevant third‑party provider(s).
We may also introduce new services and/or features on the website in the future (including new tools and resources). Any new features or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third‑party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant or assume any liability for third‑party materials, websites, products or services.
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 third‑party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third‑party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain materials (such as contest entries), or if you voluntarily send creative ideas, suggestions, proposals, plans or other content—whether online, by email, by post or otherwise (collectively, “comments”)—you agree that we may edit, copy, publish, distribute, translate and otherwise use any comments you provide, in any medium, at any time and without restriction. We are under no obligation to:
(1) maintain any comments in confidence;
(2) provide compensation for any comments; or
(3) respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain unlawful, abusive or obscene material, or any malware or viruses that could affect the operation of the Service or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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 an order has been submitted).
We are under no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except where required by law. No specified update or refresh date should be taken to indicate that all information in the Service or on any related website has been modified or updated
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions outlined in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in 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 malicious code that may affect the functionality or operation of the Service, 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, any related website, other websites or the Internet.
We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error‑free.
We do not warrant that any results obtained from the use of the Service will be accurate or reliable.
You agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time, without notice.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. Except where expressly stated by us, the Service and all products and services delivered through it are provided “as is” and “as available,” without any representations, warranties or conditions of any kind, whether express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non‑infringement.
In no event shall Love and Giggles, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products purchased through the Service. This also includes any claim related to errors or omissions in any content, or any loss or damage incurred as a result of using the Service or any content or product made available through it, even if advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Love and Giggles, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand (including reasonable attorneys’ fees) made by any third party arising from your breach of these Terms of Service, the documents they reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and such determination will not affect the validity or enforceability of any remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service remain in effect 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 by ceasing to use 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 may terminate this agreement at any time without notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part of them).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
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 Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 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.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@loveandgiggles.com.au.