Terms of service
OVERVIEW
Welcome to Made by Arden! The terms “we”, “us” and “our” refer to Made by Arden. Made by Arden operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Made by Arden is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted or modified.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of 18 (or the age of majority in your state or territory of residence), and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours or product appearance may differ due to the type of device you use and your device settings and configuration.
To the extent permitted by law, product images are for illustrative purposes and may not represent the product exactly. This does not limit your rights under the Australian Consumer Law, including where goods do not match their description or sample.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Made by Arden reserves the right to accept or decline your order (including for reasons such as stock availability, suspected fraud, or errors in pricing or product information). Your order is not accepted until Made by Arden confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Made by Arden may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact details provided at checkout.
Your purchases are subject to return or exchange in accordance with our Refund Policy [LINK]. Our Refund Policy operates in addition to, and does not limit, your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs or import charges (where applicable). Prices include GST where required by law, unless stated otherwise.
Prices posted in our online store may be different from prices offered in other stores or through third parties. We may offer promotions from time to time that are governed by separate terms. If there is a conflict, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your details so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use that payment method, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We aim to dispatch orders within the timeframes stated on our website, however delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Risk and title: To the extent permitted by law, once an order is delivered to the address provided at checkout (or collected where collection is offered), risk in the goods passes to you. This clause does not limit your rights under the Australian Consumer Law, including your rights in relation to goods that are lost or damaged in transit where applicable.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Made by Arden, its affiliates or licensors and are protected by Australian and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent, except as permitted by law.
Made by Arden’s names, logos, product and service names, designs, and slogans are trademarks of Made by Arden or its affiliates or licensors. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have control or input over.
You acknowledge and agree that we provide access to such tools “as is” and “as available”. To the extent permitted by law, we make no warranties in relation to third-party tools and are not responsible for issues arising from your use of them. This does not limit any rights you may have under the Australian Consumer Law in relation to goods or services we supply to you.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Made by Arden 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 Made by Arden. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Made by Arden.
Nothing in this section limits any rights you may have under the Australian Consumer Law against Made by Arden.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may also collect and process personal information about your access to and use of the Services to provide and improve the Services. Your information may be processed in countries outside Australia. Review our Privacy Policy for more details.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information that contains typographical errors, inaccuracies or omissions. We reserve the right to correct errors and to change or update information or cancel orders if information is inaccurate at any time without prior notice (including after you submit an order).
If we cancel your order, we will refund any amount paid for the cancelled item(s).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Made by Arden, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMERS
The information presented on or through the Services is made available solely for general information purposes. To the extent permitted by law, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
Important: Nothing in these Terms excludes, restricts or modifies the application of the Australian Consumer Law.
To the extent permitted by law, the Services are provided “as is” and “as available”. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
SECTION 16 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (ACL) or other applicable law that cannot be excluded.
To the extent permitted by law, and subject to the above paragraph:
we will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of data, or business interruption arising from your use of the Services or products; and our liability for any claim relating to the Services or products is limited to (at our option) resupplying the Services or replacing/repairing the goods, or paying the cost of doing so, to the extent permitted under the ACL.
This section applies to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Made by Arden, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims (including reasonable legal costs) payable to any third party arising out of your breach of these Terms, your violation of any law, or your misuse of the Services.
This indemnity does not apply to the extent the loss was caused by our negligence, breach of law, or breach of the Australian Consumer Law.
SECTION 18 – 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 19 - WAIVER; 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 governs 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 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of Victoria, Australia. You and Made by Arden submit to the non-exclusive jurisdiction of the courts of that state or territory and the courts of Australia.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at tom@madebyarden.com.au.
Our contact information is below:
Trading name: Made By Arden
Email: tom@madebyarden.com.au
ABN: 23113575115