Terms of service
OVERVIEW
Welcome to Fruitmood! The terms “we”, “us” and “our” refer to Fruitmood. Fruitmood 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”). Fruitmood 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”), 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 responsibilities.
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 our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or country of residence, or that you have given consent for 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 accurate, current and complete and that you have the right to provide such information.
You are responsible for maintaining the security of your account credentials and for activity occurring through your account.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to display and describe our products as accurately as possible.
However, colours and product appearance may vary slightly depending on your device, screen settings, lighting and other factors.
Product images are for illustrative purposes and minor variations may occur between products.
All product descriptions, availability and pricing are subject to change without notice. We reserve the right to discontinue products or limit quantities available where reasonably necessary.
Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law.
SECTION 3 - ORDERS
When you place an order with Fruitmood, you are making an offer to purchase the products in your order.
We reserve the right to accept or decline an order where reasonably necessary, including where a product is unavailable, there is an error in pricing or product information, or we reasonably suspect fraudulent or unauthorised activity.
Your order is not accepted until we confirm acceptance and successfully process your payment.
Please review your order carefully before submitting it. If you need to request a cancellation or change, please contact us as soon as possible. We cannot guarantee that an order can be changed or cancelled once processing has begun.
If we cancel or make a material change to your order, we will attempt to contact you using the details provided at checkout.
Returns and exchanges are handled in accordance with our Return & Refund Policy and applicable consumer law.
Products purchased from Fruitmood are intended for personal or household use unless otherwise agreed.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change without notice.
The price charged will be the price displayed at the time your order is placed, subject to correction of genuine pricing or technical errors as permitted by law.
Shipping costs and any other applicable charges will be displayed during checkout where applicable.
For international orders, customs duties, taxes or import charges may apply depending on the destination country. Unless otherwise stated, these charges are the responsibility of the customer.
You agree to provide current, complete and accurate billing, payment and contact information when making a purchase.
You represent that you are authorised to use the payment method provided for your purchase.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times provided by Fruitmood are estimates only and may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather conditions and other unforeseen events.
We will make reasonable efforts to dispatch orders within the timeframe communicated on our website.
If you experience an issue with the delivery of your order, please contact us at fruitmood.co@gmail.com and we will do our best to assist.
Nothing in this section excludes, restricts or limits any rights or remedies available to you under the Australian Consumer Law.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services and their content, including but not limited to Fruitmood characters, illustrations, artwork, logos, branding, product designs, text, graphics, photographs, videos, audio, website content and other materials, are owned by or licensed to Fruitmood and are protected by applicable intellectual property laws.
The Services are provided for your personal, non-commercial use.
Unless permitted by law or authorised by Fruitmood in writing, you must not reproduce, copy, modify, distribute, republish, commercially exploit or create derivative works from our content.
Fruitmood names, logos, characters, product names, designs and slogans may be trademarks or other intellectual property of Fruitmood or its licensors and must not be used without permission.
Shopify’s names, logos and other intellectual property remain the property of Shopify and its respective licensors.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools or functionality supplied by third parties.
We do not necessarily monitor or control these third-party tools and they may be provided on an “as is” and “as available” basis.
Your use of third-party tools may also be subject to the third party’s own terms and policies.
We may introduce new features, tools or resources through the Services from time to time. Such features will also form part of the Services and be subject to these Terms where applicable.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites, services or content provided by third parties.
Fruitmood is not responsible for the content, accuracy, availability, privacy practices or other practices of third-party websites or services.
If you choose to access a third-party website or service, you should review its applicable terms and policies.
Questions or concerns relating to third-party products or services should generally be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Fruitmood 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 Fruitmood.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Fruitmood, including any injury, damage or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Fruitmood, to the extent permitted by applicable law.
SECTION 10 - PRIVACY POLICY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our store is powered by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide its services to us.
Information may also be processed by third-party service providers, including providers located outside Australia, where necessary to operate our store, process payments, fulfil orders or provide other services.
Please review our Privacy Policy for more information about how personal information is collected, used and disclosed.
SECTION 11 - FEEDBACK
If you voluntarily submit reviews, comments, suggestions, ideas, photographs or other feedback (“Feedback”) to Fruitmood, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish and display that Feedback for purposes related to operating, improving and promoting Fruitmood and our Services, subject to applicable law.
You represent that you have the necessary rights to provide any Feedback you submit and that your Feedback does not unlawfully infringe the rights of another person.
We reserve the right to moderate or remove Feedback where reasonably necessary, including content that is unlawful, abusive, misleading, infringing or otherwise inappropriate.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, availability or other information.
We reserve the right to correct errors, inaccuracies or omissions and update information where reasonably necessary.
If an error affects an order you have already placed, we will handle the matter in accordance with applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services to:
- violate applicable laws or regulations;
- infringe our intellectual property rights or the rights of others;
- transmit malicious code, viruses or harmful software;
- collect personal information about others without lawful authority;
- engage in fraudulent, deceptive, abusive or misleading conduct;
- spam, phish or engage in unauthorised solicitation;
- interfere with or circumvent the security or functionality of the Services;
- impersonate another person or entity; or
- reproduce, scrape, copy or commercially exploit the Services without permission where such activity is not otherwise permitted by law.
We reserve the right to restrict or terminate access to the Services where we reasonably believe these Terms have been materially violated.
SECTION 14 - AGENTS
This section applies where software, automated systems or artificial intelligence agents (“Agents”) access or interact with the Services on behalf of a person or entity.
Agents must not attempt to conceal their automated nature, circumvent security measures, bypass access restrictions or interfere with the operation of the Services.
We may use reasonable technical measures to control or restrict automated access to our Services.
SECTION 15 - TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached or where required by law.
Termination does not affect rights or obligations that arose before termination.
Provisions that by their nature are intended to continue after termination, including provisions relating to intellectual property, liability, privacy and governing law, will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure information provided through the Services is accurate and up to date. However, website information may occasionally contain errors or become outdated.
To the extent permitted by law, the Services are provided on an “as is” and “as available” basis.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.
SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by law, Fruitmood will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services where such liability may lawfully be excluded.
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Fruitmood against losses, liabilities or claims reasonably arising from your unlawful use of the Services, your material breach of these Terms, or your infringement of the rights of another person.
Nothing in this section requires you to indemnify Fruitmood for loss caused by Fruitmood’s own unlawful conduct, negligence or breach of applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be severed or limited to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, this does not constitute a waiver of that right.
These Terms, together with the policies and other terms expressly incorporated by reference, constitute the agreement governing your use of the Services.
Nothing in this section excludes representations, guarantees or rights that cannot lawfully be excluded.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
Fruitmood may assign or transfer its rights and obligations where permitted by law.
SECTION 22 - GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia, and applicable laws of Australia.
Nothing in these Terms prevents you from exercising any rights available to you under applicable consumer protection laws.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service on our website.
We may update or modify these Terms from time to time.
Where required by applicable law, we will provide notice of material changes. Changes will apply from the effective date specified or, where no date is specified, from the date they are published.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Fruitmood
Email: fruitmood.co@gmail.com