Terms of Service

OVERVIEW

The website https://www.elegantstyle.com.au (the "Website") is owned and operated by Elegant Home Style ( ABN 71 833 512 527 ) (t/as and referred as Elegant Style, "we", "our" or "us").

We are committed to respecting the privacy of your personal information and complying with the Australian Privacy Principles and the Privacy Act 1998 (Cth) (“Privacy Act”). This Privacy Policy outlines our policy in relation to the collection, use, disclosure and handling of your personal information.

By submitting your personal information to us, or by using the Website and/or accessing our services, you consent to the collection, use, disclosure and handling of your personal information in accordance with this Privacy Policy.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. All users of the site are subject to these Terms of Service, including without limitation browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. You may not use the website or avail of any services if you do not agree to all terms and conditions of this agreement. If these Terms of Service constitute an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are subject to the Terms of Service as well. You can review the most current version of the Terms of Service at any time by visiting this page. Upon posting updates and/or changes to our website, we reserve the right to update, modify, or replace any part of these Terms of Service. Check this page periodically for updates. Continuing to use or access the website following the posting of any changes constitutes acceptance of the changes.

Our online store is hosted by Shopify Inc. Our e-commerce platform allows us to sell our products online through them.

SECTION 1 - ONLINE STORE TERMS
If you agree to these Terms of Service, you warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that any minor dependents you have may use this site.

Our products may not be used for any illegal or unauthorized purpose, nor can you violate any laws in your jurisdiction by using the Service (including but not limited to copyright laws).

Worms, viruses, or destructive code may not be transmitted.

In the event of a breach or violation of the Terms, your account will be terminated.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

Content, excluding credit card information, may be transmitted unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written authorization.

The headings used throughout this agreement will not affect or limit these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
It is possible that the information provided on this site is not accurate, complete, or up-to-date. This site provides information for educational purposes only. The information should not be relied upon or used as the only basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site contains certain historical information. The historical information is not current and is provided for your reference only. The contents of this site may be modified at any time, but we are under no obligation to do so. You are responsible for monitoring changes to the site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

You or any third party will not be liable for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may only be available online through the website. These products or services may be available in limited quantities, but can only be returned or exchanged according to our Return Policy.

We have attempted to display the colors and images of our products as accurately as possible. The display of any color by your computer monitor cannot be guaranteed.

We reserve the right, but are not required, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. The right can be exercised on an individual basis. We reserve the right to limit the quantity of products and services we offer. At any time, we reserve the right to change product descriptions and prices without notice. Products may be discontinued at any time. All products and services offered on this site are void where prohibited.

The quality of any products, services, information, or other material purchased or obtained by you is not guaranteed. Additionally, no warranty is provided that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. Our sole discretion may allow us to limit or cancel quantities purchased per person, per household, or per order. Orders placed by or under the same customer account, the same credit card, or orders using the same billing and/or shipping address may be restricted. In the event that we cancel or change an order, we may attempt to contact you by contacting the email and/or billing address/phone number you provided when placing the order. In our sole judgment, we reserve the right to limit or prohibit orders that appear to have been placed by dealers, resellers or distributors.

Whenever you make a purchase at our store, you agree to provide us with current, complete, and accurate account and purchase information. It is your responsibility to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input.

As a result, you acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We will have no liability for your use of optional third-party tools.

Use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider(s).

Our website may also offer new services and/or features in the future (including, the release of new tools and resources). These Terms of Service will also apply to any new features and/or services.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may contain materials from third parties.

Links on this site may direct you to third-party websites that are not affiliated with us. In addition, we have no responsibility for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties.

As a result, we are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made on third-party websites. Before engaging in any transaction, you should review carefully the third-party's policies and practices. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party company.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
As a rule, you agree that we have the right, at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use any comments that you send us, in any medium, at our discretion (for example contest entries). We are not and shall not be under any obligation (1) to maintain any comments in confidence; (2) to compensate for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Your comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. These errors may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on 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 any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (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 related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Elegant Style, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or license be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elegant Style and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - 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 enforce-ability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You or we may terminate these Terms of Service at any time. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

We also reserve the right to terminate this agreement without notice if in our sole judgment you fail to comply with any term or provision of these Terms of Service; and/or accordingly deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
A failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

All policies and operating rules posted by us on this site and within The Service constitute an agreement and understanding between us dealing with the subject matter covered and govern your use thereof, superseding any prior or contemporaneous agreements, communications and proposals (including any previous versions of the Terms of Service).

Unless otherwise stated in these Terms of Service, any ambiguities shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
You agree that these Terms of Service and any separate agreements under which we provide you with Services will be governed by and construed according to the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
On this page, you can review the most current version of the Terms of Service.

By posting updates and changes to our website, we reserve the right to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Our contest is open from February 14, 2022, onwards.  

Ends: February 21, 2022

Winners will be announced on February 28, 2022!

Quick Look at Terms & Conditions: Our subscription options and gifts are available for adults over 18 years of age. This is an exclusive offer, valid for Australian customers only, and cannot be clubbed with other offers. Our Wish eGift cards can be redeemed at BWS, Woolworth, BigW, and Dan Murphy’s. Winner must pay for the shipping cost of the Elegant Style Wine Rack.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@elegantstyle.com.au.