Terms of Service
Terms of service
This website is operated by IMOGEN SYDNEY. Throughout the site, the terms “we”, “us” and “our” refer to IMOGEN SYDNEY. IMOGEN SYDNEY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein.
These Terms apply to all users of the website.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree, you may not access the website or use our Services.
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (ACL) or any other applicable mandatory consumer protection laws. Australian consumer guarantees cannot simply be removed by contractual terms.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least 18 years of age or have reached the age of majority in your jurisdiction.
You may not use our products for any unlawful or unauthorised purpose, nor may you violate any applicable laws, including intellectual property and consumer protection laws.
Any breach of these Terms may result in immediate termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone where permitted by law.
You understand that content you submit, excluding payment information, may be transferred unencrypted across various networks. Payment information is encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of IMOGEN SYDNEY.
This website is operated by:
IMOGEN SYDNEY
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information on this website is accurate and up to date.
However, information may occasionally be incomplete, outdated or contain errors.
We reserve the right to modify the content of the website at any time, subject to applicable law.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Product prices may change without prior notice.
We reserve the right to modify or discontinue the Service, or any part of it, at any time.
Nothing in this section limits any rights available to consumers under applicable consumer protection laws.
SECTION 5 – PRODUCTS AND SHIPPING
Certain products may be available exclusively online and may be available in limited quantities.
Returns and refunds are governed by our Refund & Return Policy.
We make every reasonable effort to display product colours, images and details accurately. However, actual colours may vary depending on your device settings.
Orders may be fulfilled through international suppliers and logistics partners, and may be dispatched from overseas warehouses.
Delivery timeframes are estimates only and may be affected by customs clearance, carrier delays, peak periods or other circumstances beyond our control.
For international deliveries outside Australia, customs duties, taxes or import charges may apply and remain the responsibility of the customer unless otherwise stated.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit or cancel any order where permitted by law, including where we reasonably suspect fraud, unauthorised activity or misuse.
You agree to provide current, complete and accurate purchase and account information and to promptly update your details where necessary.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide access to third-party tools or services that we do not control.
These tools may be subject to their own terms and privacy policies.
Your use of optional third-party services is at your own discretion and risk.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to websites operated by third parties.
We are not responsible for reviewing or evaluating the accuracy, content, products or services provided by third-party websites.
Any transactions you enter into with third parties are subject to the terms and policies of those third parties.
SECTION 9 – USER COMMENTS, REVIEWS AND SUBMISSIONS
If you submit reviews, comments, photographs, suggestions or other materials, you grant us permission to use, reproduce and display those materials for legitimate business and marketing purposes, subject to applicable law.
You are responsible for ensuring that your submissions do not infringe any law or third-party rights.
We may remove content that we reasonably consider unlawful, abusive, misleading or inappropriate.
SECTION 10 – PERSONAL INFORMATION
Your submission and use of personal information is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability or shipping.
We reserve the right to correct such errors and update information at any time.
Where an error affects an existing order, we will act in accordance with applicable consumer laws.
SECTION 12 – PROHIBITED USES
You may not use the website or its content:
- For any unlawful purpose
- To infringe intellectual property rights
- To transmit malicious code or malware
- To collect personal information unlawfully
- To engage in fraudulent, abusive, discriminatory or harmful conduct
- To interfere with the security or operation of the website
We reserve the right to suspend or terminate access where these Terms are breached.
SECTION 13 – WARRANTIES AND LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any consumer guarantee, right or remedy that cannot legally be excluded.
Under the Australian Consumer Law, consumers may have rights to remedies such as repair, replacement or refund where goods do not meet applicable consumer guarantees.
To the maximum extent permitted by law, IMOGEN SYDNEY will not be liable for indirect or consequential loss that is not reasonably foreseeable or otherwise required to be compensated under applicable law.
SECTION 14 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify IMOGEN SYDNEY against claims arising directly from your unlawful use of the website or your material breach of these Terms.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or by us.
We may suspend or terminate access to the Service where you materially breach these Terms, subject to applicable law.
SECTION 17 – ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Refund & Return Policy, Shipping Policy and any other policies published on the website, constitute the agreement governing your use of the Service.
SECTION 18 – GOVERNING LAW
These Terms are governed by the laws applicable to the legal operator of IMOGEN SYDNEY, without limiting any mandatory consumer rights available to customers in the jurisdiction where they are protected by law.
For customers in Australia, nothing in these Terms limits rights that apply under the Australian Consumer Law. Overseas businesses selling directly to Australian consumers can still be required to comply with the ACL.
SECTION 19 – CHANGES TO THESE TERMS
We reserve the right to update or amend these Terms from time to time.
Any changes will become effective once published on this website.
Your continued use of the website after changes are published constitutes acceptance of the updated Terms, where permitted by law.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms of Service should be sent to:
IMOGEN SYDNEY
