These terms and conditions set out the legal terms that apply to your use of our website www.elmsstore.com.au (the “Site") and the other services provided (the "Services") by Elms Store (hereinafter, “we”, “us”, “our” or “ours”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. By using the Site or by placing an order through the Site you agree to and accept these Terms and Conditions in full and therefore have entered into an agreement with elmsstore.com.au governing your use of the Site.
Elms reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those 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.
If you have questions regarding these terms, please contact us anytime at:
email@example.com or +61 401 841 506.
1. About Us
Elms Store is a registered Australian company operating under the ABN 21 869 761 925.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You agree not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way nor may you use our products for any illegal or unauthorized purpose. 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 Site through which the Service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. Products or Services
The Services we offer allow you to search through the Site and purchase products from a number of brands. As part of the Services, we also arrange delivery of the products and provide you with customer service assistance.
By using this site, 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We attempt to be as accurate as possible in the description of the products. However, as the descriptions are based on information provided to us by partner brands, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. All product descriptions and product pricing are subject to change at any time without notice, at the sole discretion of us.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour accurately reflects the colour of the products.
Elms reserves the right to discontinue any product at any time, refuse service, remove or edit content, or cancel orders at its sole discretion.
4. Third Party Links
Third party links on this site may direct you to websites that are not affiliated with us. These links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site or 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.
For more detail, please review our Returns Policy.
6. User Comments, Feedback and Other Submissions
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, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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 and Conditions.
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 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.
7. Personal Information
8. Orders, Prices and Payment
The Site allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
Afterpay retrieves funds from the customer through an automated end-to-end process and is responsible for all collection activity. Afterpay determines the eligibility of customers for Afterpay. If a customer pays with Afterpay and wants to exchange or return part or all of their order, or if part or all of an order placed using Afterpay cannot be filled, Afterpay will immediately deduct the amount of the exchange or return from the remaining payments, equally, to reflect the reduced order. If a customer pays with Afterpay and wants to exchange or return part or all of their order and has made payments in excess of the new total, Afterpay will issue a refund to the customer to the amount which has been overpaid.
9. 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 the results that may be obtained from the use of the service will be accurate or reliable.
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.
You expressly agree that your use of, or inability to use, this Site and 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.
In no case shall Elms, Rebecca Elms, David Elms, 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, including, 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 any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless Elms 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 attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. Entire Agreement
These Terms and Conditions 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 and Conditions).
You also may be subject to additional terms and conditions that may apply when you use other elmsstore.com.au services, third-party content or third-party software. Any assignment or transfer of either the Terms and Conditions or any right granted hereunder is strictly prohibited.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
12. 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 Elms Store 39 George St Redfern, Sydney NSW, 2016, Australia.
Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.