Terms of service

 

OVERVIEW

Welcome to Memoirs By Him. The terms "we", "us" and "our" refer to Memoirs By Him. Memoirs By Him 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"). Memoirs By Him is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), set out 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 disclaimers, limitations of liability and your obligations.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or territory of residence, and that 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 of the 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 the information you provide in our store is accurate, current and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, assign, sell or license your account to any other person.

SECTION 2 – USE OF SERVICES

You agree to use the Services for lawful purposes only. You must not:

  • Interfere with the proper working of the Services

  • Access or attempt to access other users’ accounts

  • Use automated systems to access, scrape or interact with the Services without permission

  • Upload or transmit viruses or malicious code

  • Use the Services to violate any laws, infringe rights or facilitate illegal activity

We reserve the right to suspend or terminate your access to the Services if we reasonably believe you are misusing them.

SECTION 3 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may vary from how they appear on your screen due to your device settings and configuration.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or exactly match the images on the store.

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 quantities offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 4 – ORDERS

When you place an order, you are making an offer to purchase. Memoirs By Him reserves the right to accept or reject your order at its discretion. Your order is not accepted until Memoirs By Him confirms acceptance. We must receive and process your payment before your order will be confirmed. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after confirmation. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address or phone number provided at the time of the order.

Your purchases are subject to a refund solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

SECTION 5 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will be set out in your order confirmation email. Unless otherwise expressly stated, prices shown do not include taxes, shipping, handling, customs or import charges.

Prices listed in our online store may differ from prices offered in physical stores or third-party online stores. From time to time, we may offer promotions subject to separate terms and conditions. In the event of a conflict between those terms and these Terms, the promotional terms will apply.

You agree to provide accurate and current information for all purchases made through our store. You agree to promptly update your account and other information, including email address, billing details and credit card information, so we can complete your transactions and contact you if required.

You represent and warrant that:
(i) the payment information you provide is true and accurate
(ii) you are authorised to use the payment method provided
(iii) charges incurred by you will be honoured by your payment provider
(iv) you will pay all charges incurred by you, including any applicable shipping, handling and taxes

SECTION 6 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by postal services, customs or other external factors. Risk of loss and title for products passes to you when we transfer the items to the carrier.

SECTION 7 – THIRD PARTY TOOLS AND LINKS

We may provide you with access to third-party tools and websites that we do not monitor or control. We are not responsible for any third-party tools, services or websites you choose to use, even if linked from our Site. Use of any third-party services is at your own risk, and you should review their terms and conditions.

SECTION 8 – INTELLECTUAL PROPERTY

All content made available through our Services, including but not limited to text, images, audio, video, trademarks, logos and layouts, is the property of Memoirs By Him or its licensors and is protected under Australian and international intellectual property laws.

You may use our Services for personal, non-commercial purposes only. You must not reproduce, modify, transmit, display, publish, distribute or exploit any content from the Services without our express written consent.

“Memoirs By Him” is a trademark subject to pending registration in Australia. All rights not expressly granted to you in these Terms are reserved.

SECTION 9 – LIMITATION OF LIABILITY

To the extent permitted by law, Memoirs By Him is not liable for any indirect, incidental, special or consequential damages arising from your use of the Services, including but not limited to loss of profit, loss of data or business interruption.

Where liability cannot be excluded under applicable law, including the Australian Consumer Law, our liability is limited to the amount paid by you for the product or service giving rise to the claim.

SECTION 10 – INDEMNIFICATION

You agree to indemnify and hold harmless Memoirs By Him and our partners, affiliates, officers, agents and employees from any claims, liabilities, damages, losses and expenses, including legal fees, arising out of or related to your breach of these Terms or your use or misuse of the Services.

SECTION 11 – TERMINATION

We reserve the right to terminate or suspend your access to the Services at any time, without notice, for any reason, including if we believe you have violated these Terms.

You may also terminate your use of the Services at any time by ceasing to use them. Sections that by their nature should survive termination (such as intellectual property, indemnity and limitation of liability) will continue in effect.

SECTION 12 – GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

SECTION 13 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be deemed severed from the Terms, and the remainder will continue in full force and effect.

SECTION 14 – ENTIRE AGREEMENT

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Memoirs By Him regarding the Services, and supersede any prior or contemporaneous communications, whether oral or written.

SECTION 15 – MODIFICATIONS TO TERMS

We reserve the right to update or change these Terms at any time, and such changes will be effective upon posting on the Site. It is your responsibility to review the Terms periodically. Your continued use of the Services following any changes indicates your acceptance of those changes.

SECTION 16 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@memoirsbyhim.com

Our contact and business information is as follows:

Trading name: Memoirs By Him
ABN: 73 210 740 876
email: hello@memoirsbyhim.com

For legal, customer service or consumer rights enquiries, please contact us in writing via email.

SECTION 17 – AUSTRALIAN CONSUMER LAW

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Any rights you may have under our Refund Policy apply in addition to your rights under the Australian Consumer Law. Nothing in these Terms of Service limits or excludes any consumer guarantees or rights that cannot be limited or excluded under applicable law.

SECTION 18 – INTERNATIONAL ORDERS

If you are purchasing from outside Australia, please be aware that additional import duties, taxes and charges may apply in your country. These costs are not included in our pricing and are your sole responsibility.

You are considered the importer of record and must comply with all laws and regulations of the destination country. Memoirs By Him is not responsible for any delays, charges or issues arising from customs processing or international shipping.

SECTION 19 – FORCE MAJEURE

Memoirs By Him is not liable for any failure or delay in performance resulting from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, acts of war or terrorism, labour disputes, power failures, internet outages, government restrictions or changes in law.

SECTION 20 – WAIVER

Any failure or delay by Memoirs By Him to enforce any provision of these Terms shall not constitute a waiver of its rights to subsequently enforce the same or any other provision.

SECTION 21 – 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 restriction, including to any successor entity.