Terms of service

Overview

This website is operated by Little Human® Linens. Throughout the site, the terms "we", "us" and "our" refer to Little Human® Linens. We offer this website, including all information, tools and services available from it, to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing from us, you engage in our "Service" and agree to be bound by these terms and conditions ("Terms of Service", "Terms"), including the additional terms, conditions and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of them, you may not access the website or use any service.

Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We may update or change these Terms by posting changes to our website, and your continued use of the site after changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

1. Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.

You may not use our products for any unlawful or unauthorised purpose, and you must not, in using the Service, breach any laws in your jurisdiction, including copyright laws.

You must not transmit any malware or code of a destructive nature.

A breach of any of these Terms will result in immediate termination of your Services.

2. General Conditions

We may refuse service to anyone, for any lawful reason, at any time.

You understand that your content, excluding payment card information, may be transferred unencrypted and may involve transmission over various networks and changes to conform to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or any content on the website, without our express written permission.

The headings in these Terms are for convenience only and do not limit or affect the Terms.

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information on this site is not accurate, complete or current. The material is provided for general information only and should not be relied on as the sole basis for decisions without consulting more accurate or complete sources. Any reliance on the material is at your own risk.

This site may contain historical information, which is not current and is provided for reference only. We may change the contents of the site at any time, but we are not obliged to update any information.

4. Modifications to the Service and Prices

Prices for our products are subject to change.

We may modify or discontinue the Service, or any part of it, at any time.

To the extent permitted by law, we are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

5. Products or Services

Certain products or services may be available exclusively online. They may have limited quantities and are subject to return or exchange only in accordance with our Returns & Exchange Policy.

We make every effort to display the colours and images of our products accurately. We cannot guarantee that your device's display of any colour will be accurate.

We may limit the sale of our products or services to any person, geographic region or jurisdiction, and may limit the quantities we offer. Descriptions and pricing are subject to change at any time without notice. We may discontinue any product at any time. Any offer for any product or service is void where prohibited.

Nothing in this section limits your rights under the Australian Consumer Law, including the consumer guarantees described in Section 13.

6. Accuracy of Billing and Account Information

We may refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, the same payment card, or the same billing or shipping address. If we change or cancel an order, we may notify you using the email, billing address or phone number provided at the time of the order. We may limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases, and to update that information, including your email address and payment card details, so we can complete your transactions and contact you as needed.

For more detail, please see our Returns & Exchange Policy.

7. Optional Tools

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. To the extent permitted by law, we have no liability arising from your use of optional third-party tools.

Your use of optional tools is at your own risk, and you should make sure you are familiar with and approve of the terms on which they are provided by the relevant third party.

We may offer new services or features through the website in future. They will also be subject to these Terms.

8. Third-Party Links

Some content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and to the extent permitted by law we are not liable for any third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, content or transactions made in connection with any third-party websites, except to the extent required by law. Please review the third party's policies before you transact.

Complaints or questions about third-party products should be directed to the third party.

9. User Comments, Feedback and Other Submissions

If you send us submissions at our request (for example, competition entries), or send creative ideas, suggestions, proposals, plans or other materials without a request ("comments"), you agree that we may, without restriction, edit, copy, publish, distribute, translate and use them in any medium. We are not obliged to keep any comments confidential, to pay compensation for them, or to respond to them.

We may, but are not obliged to, monitor, edit or remove content that we reasonably consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right, and will not contain unlawful, abusive or obscene material or any malware. You may not use a false email address, impersonate anyone, or mislead us or others as to the origin of any comments. You are responsible for any comments you make and their accuracy.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which you can view at [insert Privacy Policy link].

11. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We may correct any errors, inaccuracies or omissions, and may change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. If we cancel an order after payment has been processed, we will refund the amount paid.

We are not obliged to update or clarify information except as required by law.

12. Prohibited Uses

In addition to other prohibitions in these Terms, you may not use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to breach any applicable laws, rules or regulations; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, harm, defame, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any website. We may terminate your use of the Service for breaching any prohibited use.

13. Australian Consumer Law, Warranties and Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, including that they are of acceptable quality and fit for any purpose we describe.

Subject to the paragraph above, and to the maximum extent permitted by law:
(a) we do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from it will be accurate or reliable;
(b) the Service and all products and services delivered through it are provided "as is" and "as available", without representations, warranties or conditions of any kind not required by law; and
(c) neither Little Human® Linens nor our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors are liable for any indirect, incidental, special, punitive or consequential loss, or for any lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Service or any product, whether based in contract, negligence or otherwise.

Where you are a consumer under the Australian Consumer Law, the disclaimers and limitations in this section apply only to the extent they do not exclude, restrict or modify the consumer guarantees, and otherwise apply to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify and hold harmless Little Human® Linens and our related entities, officers, directors, agents, contractors, licensors, service providers, suppliers and employees from any claim or demand, including reasonable legal costs, made by any third party arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

15. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision is enforceable to the fullest extent permitted by law, and the unenforceable part is severed from the remaining provisions, which continue in full force.

16. Termination

The obligations and liabilities of the parties incurred before the termination date survive the termination of this agreement.

These Terms are effective unless and until terminated by either you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If you fail, or we reasonably suspect that you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.

17. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, and any policies or operating rules we post on this site or in respect of the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements or communications, whether oral or written.

18. Governing Law and Jurisdiction

These Terms, and any separate agreements under which we provide you Services, are governed by the laws of New South Wales and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in this section limits any rights you have under the Australian Consumer Law.

19. Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically. Your continued use of the website or the Service after changes are posted constitutes acceptance of those changes.

20. Contact Information

Questions about these Terms of Service should be sent to us at support@littlehumanlinens.com.au.