Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Somewhere Sunny!
The terms “we”, “us” and “our” refer to Somewhere Sunny. Somewhere Sunny operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
Somewhere Sunny is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when you use our website or purchase from Somewhere Sunny.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our applicable store policies. If you do not agree to these terms, you should not use or access our Services.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm that you are legally able to enter into transactions in your place of residence or that you have the consent of a parent or guardian where required.
When browsing our store or purchasing products, you may be asked to provide information including your name, email address, billing information, payment details and shipping address.
You agree that the information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account information and for activity occurring through your account.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to display our jewellery and other products accurately.
However, colours and appearance may vary slightly depending on your device, screen settings, lighting and photography.
Some Somewhere Sunny jewellery is handmade and may incorporate natural materials including gemstones and freshwater pearls. Natural variations in colour, shape, size, markings and texture are part of the individual character of these materials and are not necessarily considered faults.
Product descriptions, prices and availability may be updated from time to time.
We reserve the right to discontinue products or limit quantities available for purchase.
Some products may be made in small batches, available in limited quantities or made to order.
Nothing in this section limits your rights under the Australian Consumer Law.
SECTION 3 – ORDERS
When you place an order with Somewhere Sunny, you are making an offer to purchase the selected products.
Orders are subject to acceptance and availability.
Payment must be successfully processed before an order can be fulfilled.
Please check your order carefully before submitting it. Once an order has entered processing or production, we may not be able to accommodate changes or cancellations.
If we cannot fulfil an order, or if we need to make a significant change to it, we will attempt to contact you using the information supplied with your order.
Returns, exchanges and refunds are handled in accordance with our Return and Refund Policy and your rights under Australian Consumer Law.
Products purchased through our retail website are intended for personal use and not for unauthorised commercial resale.
SECTION 4 – PRICES AND PAYMENT
All prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.
Prices, discounts and promotions may change from time to time without notice.
The price applicable to your purchase will generally be the price displayed when your order is placed, subject to correction of genuine errors and applicable law.
Shipping costs will be displayed separately where applicable.
You agree to provide accurate and current payment and billing information.
You confirm that you are authorised to use the payment method supplied for your purchase.
SECTION 5 – SHIPPING AND DELIVERY
Orders are shipped according to our Shipping Policy.
Processing and delivery times provided on our website are estimates. Delays may occasionally occur due to postal or courier services, weather, peak periods or circumstances outside our reasonable control.
Where an order is delayed, lost or damaged during delivery, please contact us and we will assist you in accordance with applicable Australian consumer laws and our store policies.
Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content of the Somewhere Sunny website, including our branding, logo, text, graphics, photographs, product imagery, designs and other original content, is owned by or licensed to Somewhere Sunny and is protected by applicable intellectual property laws.
Our content is provided for your personal, non-commercial use.
You must not reproduce, copy, distribute, modify, republish or commercially exploit our content without our prior written permission, except where permitted by law.
The Somewhere Sunny name, branding, logos, product names, designs and slogans may not be used in a manner that suggests affiliation with or endorsement by Somewhere Sunny without our permission.
Third-party names, logos and trademarks remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
Our website may provide access to tools or services supplied by third parties.
These third-party tools may be provided on an “as available” basis and may be subject to separate terms and conditions.
Your use of third-party tools is at your discretion, and you should review the applicable provider’s terms and privacy practices.
We may introduce additional features, tools or resources to our website in the future.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites or services.
We are not responsible for the content, accuracy, availability, products, services or practices of third-party websites.
If you choose to access or purchase from a third-party website, you should review that provider’s terms, policies and practices.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Somewhere Sunny is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our store are made directly with Somewhere Sunny.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Somewhere Sunny, including any injury, damage or loss resulting from purchased products and services.
You release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Somewhere Sunny, to the extent permitted by applicable law.
SECTION 10 – PRIVACY
Personal information collected through our website is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services.
Information may also be shared with service providers that assist us with functions such as payments, order processing, shipping and operating our website.
Please refer to our Privacy Policy for further information.
SECTION 11 – REVIEWS, FEEDBACK AND USER CONTENT
If you submit reviews, photographs, comments, suggestions or other content to Somewhere Sunny, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, misleading, abusive, defamatory, obscene or infringes another person's intellectual property, privacy or other rights.
Where permitted by law, by voluntarily submitting reviews or other content to us, you grant Somewhere Sunny permission to use, reproduce and display that content in connection with operating and promoting our business.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, availability or other information.
We reserve the right to correct genuine errors or inaccuracies and update information where appropriate.
If an error affects an order you have already placed, we will handle the situation reasonably and in accordance with applicable Australian law.
SECTION 13 – PROHIBITED USES
You may use our website only for lawful purposes.
You must not use the website to:
• engage in unlawful or fraudulent activity;
• infringe our intellectual property rights or those of another person;
• harass, abuse, threaten or defame another person;
• submit false or misleading information;
• transmit viruses, malware or harmful code;
• attempt to gain unauthorised access to our website or systems;
• collect personal information about other users without authority;
• spam, phish or engage in malicious activity; or
• reproduce, scrape, copy, sell or commercially exploit our website or its content without permission.
We may restrict or terminate access to our website where we reasonably believe these Terms have been breached.
SECTION 14 – THIRD-PARTY AND AUTOMATED SERVICES
Automated services, software tools or agents accessing our website must comply with applicable laws, these Terms and any technical measures or restrictions implemented by Somewhere Sunny or Shopify.
We reserve the right to restrict automated access where reasonably necessary to protect our website, customers, intellectual property or Services.
SECTION 15 – TERMINATION
We may suspend or terminate access to our Services where reasonably necessary, including where these Terms have been breached or the website is being misused.
Any obligations or liabilities incurred before termination remain unaffected.
Provisions that by their nature should continue after termination will remain in effect.
SECTION 16 – WARRANTIES AND CONSUMER RIGHTS
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Where permitted by law, information on our website is provided for general informational purposes and we do not guarantee that our website will always be uninterrupted, error-free or available.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Somewhere Sunny will not be liable for indirect or consequential loss arising from your use of our website or Services where such liability can lawfully be excluded.
However, nothing in these Terms excludes, restricts or modifies liability or consumer rights that cannot legally be excluded under the Australian Consumer Law or other applicable Australian legislation.
SECTION 18 – INDEMNITY
To the extent permitted by law, you agree to indemnify Somewhere Sunny against reasonable losses or claims arising directly from your unlawful use of our Services, your material breach of these Terms, or your infringement of the rights of another person.
Nothing in this section limits rights or protections that cannot lawfully be limited under Australian law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary without affecting the validity of the remaining provisions.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.
These Terms, together with our policies displayed on the website, form the agreement governing your use of the Somewhere Sunny website and Services.
SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent where such consent is required.
We may transfer our rights or obligations where permitted by law, including as part of a sale, restructure or transfer of the business.
SECTION 22 – GOVERNING LAW
These Terms of Service are governed by the laws of Queensland, Australia.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law or other applicable Australian legislation.
SECTION 23 – HEADINGS
The headings used in these Terms are provided for convenience and do not affect their interpretation.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms of Service from time to time.
The current version will be available on our website.
Where required by applicable law, we will provide appropriate notice of material changes.
SECTION 25 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact:
Somewhere Sunny
Email: hello@somewheresunny.com.au
Australia