Terms of service
OVERVIEW
Welcome to By Josephine. The terms “we”, “us”, and “our” refer to By Josephine. We operate this website and online store, including all related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy, Shipping Policy, and Return & Refund Policy), describe your rights and responsibilities when using the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
1. ACCESS AND ACCOUNT
You must be at least the age of majority in your state or territory of residence to use the Services. If you permit a minor dependent to use the Services on a device you own or manage, you consent to their use.
You may be asked to provide information such as your email address, billing, payment, and shipping details. You represent that all information you supply is accurate, current, and complete, and that you have the right to provide it. You are responsible for maintaining the security of your account credentials and for all activity on your account. Accounts may not be transferred, sold, assigned, or licensed.
2. OUR PRODUCTS
We make every effort to present our products accurately. Colours and appearance may vary due to your device and settings. Product descriptions, pricing, and availability may change at any time without notice. We may discontinue products and limit quantities to any person or region.
3. ORDERS
When you place an order, you make an offer to purchase. We reserve the right to accept or decline any order at our discretion. Your order is accepted once we confirm acceptance and process payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance.
If we change, decline, or cancel an order, we will attempt to contact you using the details provided. Purchases are subject to our Return & Refund Policy.
You warrant that purchases are for personal or household use and not for resale or export.
4. PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect when you place your order and will appear in your order confirmation. Unless stated otherwise, prices exclude taxes, shipping, handling, and any customs or import charges. Promotions may be governed by separate terms; if there is a conflict, those terms apply.
You agree to provide current and accurate purchase, payment, and account information, and to promptly update it as needed. You represent that you are authorised to use any payment method you provide and that charges will be honoured.
5. SHIPPING, DELIVERY AND PICK UP
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Risk of loss passes to you once we transfer products to the carrier. Please see our Shipping Policy for full details, including items we can and cannot ship.
Pick Up: Local collection is available from Brunswick by appointment. At checkout, choose your preferred pick-up date and leave a note with your preferred time. We will contact you to confirm the collection time. Please collect within the confirmed window to maintain product quality.
6. INTELLECTUAL PROPERTY
All content and materials on the Services (including trademarks, text, images, graphics, design, audio and video) are owned by By Josephine or our licensors and are protected by applicable intellectual property laws. You may use the Services for personal, non-commercial use only. No rights are granted except as expressly set out in these Terms. By Josephine names, logos, and related marks are trademarks of By Josephine. Shopify’s names and marks are trademarks of Shopify. Other marks belong to their respective owners.
7. OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Use of such tools is at your own discretion and subject to the third party’s terms.
8. THIRD-PARTY LINKS
The Services may contain links to third-party websites or materials. We are not responsible for their content, accuracy, or practices, and we are not liable for any loss or damage arising from your use of them. Review the third party’s policies before engaging in any transaction.
9. RELATIONSHIP WITH SHOPIFY
By Josephine is powered by Shopify, which enables us to provide the Services. Sales and purchases are made directly with By Josephine. Shopify is not responsible for your transactions with us. You expressly release Shopify and its affiliates from claims arising from or related to your purchases and transactions with By Josephine.
10. PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy and may also be processed by Shopify under its privacy policy. Because the Services are hosted by Shopify, information you submit may be transmitted to and processed in other countries to provide and improve the Services.
11. FEEDBACK
If you submit reviews, suggestions, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, sub-licensable, royalty-free licence to use, reproduce, modify, publish, and display such Feedback for any purpose. You represent that you have the rights to provide the Feedback and that it complies with these Terms. We may monitor, edit, or remove Feedback in our discretion.
12. ERRORS AND OMISSIONS
From time to time, information on the Services may contain typographical errors or inaccuracies, including regarding descriptions, pricing, promotions, shipping charges, transit times, and availability. We may correct these and update information or cancel orders at any time without notice.
13. PROHIBITED USES
You may use the Services only for lawful purposes. You must not, among other things: violate laws or third-party rights; harass, abuse, or harm others; transmit malicious code; impersonate others; send spam; scrape or crawl; or attempt to circumvent security features. We may suspend or terminate access if we believe these Terms have been violated.
14. TERMINATION
We may suspend or terminate your access to the Services at any time in our discretion. You remain responsible for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination will continue to apply.
15. DISCLAIMER OF WARRANTIES
Except as expressly stated by By Josephine, the Services and all products are provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. Your use of the Services is at your own risk.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, By Josephine and our officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, savings, data, or replacement costs arising from your use of the Services or products.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies conferred by the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified by agreement. Where liability under the ACL cannot be excluded, and to the extent permitted by law, our liability is limited to the repair or replacement of the goods, the supply of equivalent goods, or the cost of doing so.
17. INDEMNIFICATION
You agree to indemnify and hold harmless By Josephine and our affiliates, officers, employees, agents, contractors, and service providers from claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of law or third-party rights, or your use of the Services.
18. SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, the remaining provisions remain in full force and effect.
19. WAIVER AND ENTIRE AGREEMENT
A failure to enforce any right does not waive it. These Terms and the policies referenced here constitute the entire agreement between you and us regarding the Services.
20. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without consent.
21. GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
22. HEADINGS
Headings are for convenience only and do not affect interpretation.
23. CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page. We may update these Terms by posting changes on the website. Where required by law, we will notify you of material changes and specify the effective date. Your continued use of the Services after changes take effect constitutes acceptance.
24. CONTACT INFORMATION
Questions about these Terms can be sent to contact@byjosephine.com.au.
Trade name: By Josephine
Phone: 0420 276 361
Email: contact@byjosephine.com.au
Address: Unit 3/106 Blyth Street, Brunswick VIC 3056, Australia
ABN: 47 829 133 743