Terms of service

TERMS OF SERVICE AND GENERAL INFORMATION

This website is operated and administered by Juliette Wellington. Throughout the site, the terms "we", "us" and "our" refer directly to Juliette Wellington. By visiting our site, using our tools, or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein. These conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes, as your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our online e-commerce platform is hosted by Shopify Inc., which allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

  • By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
  • You must not use our products for any illegal or unauthorised purpose.
  • You must not violate any laws in your jurisdiction (including but not limited to copyright laws) nor transmit any worms, 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.

 

SECTION 2 - GENERAL CONDITIONS

  • Juliette Wellington reserves 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 transmissions over various networks to adapt to technical requirements. 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 without our express written permission. 
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information provided on this site is for general information only and we are not responsible if it is not completely accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information, which 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.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify, suspend 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 such modifications.

 

SECTION 5 - PRODUCTS OR SERVICES

  • Certain products or services may be available exclusively online through the website, 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 colours and images of our products, but we cannot guarantee that your computer monitor's display of any colour will be completely accurate.
  • We reserve the right to limit the sales and quantities of our products or Services to any person or geographic region, and we may remove any item from the catalogue at any time.
  • We do not warrant that the quality of any products, services, or information purchased or obtained by you will meet your exact expectations.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel any order placed 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 email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information (including email address, credit card numbers and expiration dates) so that we can successfully complete your transactions.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. In the future, we may also offer new services and/or features through the website, which shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Our site may include materials or links that direct you to third-party websites that are not affiliated with Juliette Wellington. 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, websites, or for any other materials, products, or services of third parties. 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 you send certain specific submissions, creative ideas, suggestions, proposals, or other materials to us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, 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, contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 11 - 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, 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 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, except as required by law.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the 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 any unlawful acts; (c) to violate any international, federal, state or territory regulations, rules or laws; (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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (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. We reserve the right to terminate your use of the Service for violating any of the 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.
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • In no case shall Juliette Wellington, 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, arising from your use of any of the service or any products procured using the service, to the maximum extent permitted by your jurisdiction's laws.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Juliette Wellington 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 solicitors' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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.

 

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 constitutes the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements or communications. 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 applicable 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. Juliette Wellington reserves 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: info@juliettewellington.com.

 

SECTION 21 - SMS MARKETING AND NOTIFICATIONS

  • By consenting to our SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders) and text marketing offers, even if your mobile number is registered on any state or federal Do Not Call list.
  • Consent is not a condition of purchase.
  • If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out will not be accounted as a reasonable means of opting out.
  • Juliette Wellington does not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
  • For any questions, please text HELP to the number you received the messages from or contact us at info@juliettewellington.com for more information.
  • We reserve the right to alter any short code or telephone number used to operate the service at any time. You will be notified on such occasions. We will not be liable for any requests sent to a short code or telephone number that has been changed. We are not liable for delayed or undelivered messages. Please see our Privacy Policy for more details on how we protect your information.