Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Everyday Family Co. The terms “we”, “us” and “our” refer to Everyday Family Co.
Everyday Family Co. operates this store and website, including all related information, content, features, tools, products and services, to provide you with a curated online shopping experience (the “Services”).
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced on our website, describe your rights and responsibilities when you use our Services.
Please read these Terms of Service carefully before accessing or using our website. 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, you should not access or use our Services.
SECTION 1 — ACCESS AND ACCOUNTS
By using our Services, you represent that you are at least the age of majority in your state or territory of residence, or that you have the consent of a parent or legal guardian where required.
To use certain parts of the Services or purchase products, you may be required to provide information including your name, email address, billing information, payment information and shipping address.
You agree that the information you provide is accurate, current and complete.
You are responsible for maintaining the security of your account credentials and for activity conducted through your account.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to display and describe our products accurately. However, colours, dimensions and appearance may vary slightly depending on your device, screen settings, manufacturing variations or other factors.
Product photographs are provided for illustrative purposes.
Product descriptions, prices and availability may be changed without notice.
We reserve the right to discontinue products or limit the quantities available for purchase.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under applicable Australian consumer law.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase the selected products.
Everyday Family Co. reserves the right to accept or decline an order, including where a product is unavailable, information or pricing is incorrect, payment cannot be processed, or we reasonably suspect fraudulent activity.
Your order is accepted when we confirm acceptance and successfully process payment.
Please review your order carefully before submitting it. Once an order has entered processing or fulfilment, we may not be able to cancel or change it.
If we cancel or materially change an order, we will attempt to contact you using the details supplied when the order was placed.
Returns, refunds and exchanges are handled in accordance with our Refund Policy and your rights under applicable Australian consumer law.
Products purchased through our store are intended primarily for personal or household use unless otherwise stated.
SECTION 4 — PRICES AND PAYMENT
Prices, discounts and promotions may change without notice.
The price charged will be the price displayed when your order is submitted, subject to correction of genuine errors where permitted by law.
Unless otherwise stated, prices on our Australian store are displayed in Australian dollars (AUD).
Shipping charges, where applicable, will be displayed during checkout.
You agree to provide accurate and complete billing and payment information.
You represent that you are authorised to use the payment method supplied for your purchase.
Payments may be processed by Shopify or other third-party payment providers.
SECTION 5 — SHIPPING AND DELIVERY
Delivery times displayed on our website or at checkout are estimates unless expressly stated otherwise.
We will make reasonable efforts to arrange delivery within the estimated timeframe. However, delays may occur due to carriers, suppliers, customs, weather, peak periods or circumstances outside our reasonable control.
Please ensure that the delivery address supplied with your order is complete and accurate.
For further information about delivery methods and estimated delivery times, please refer to our Shipping Policy.
Nothing in this section limits rights you may have under Australian consumer law.
SECTION 6 — INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through our website, including our branding, text, graphics, designs and website content, is owned by or licensed to Everyday Family Co. or the relevant rights holder.
You may use our website for personal, non-commercial purposes.
You must not reproduce, distribute, modify, republish or commercially exploit our website content without permission, except where permitted by law.
Shopify's name, trademarks and associated intellectual property remain the property of Shopify and its respective rights holders.
SECTION 7 — THIRD-PARTY TOOLS AND SERVICES
Our website may provide access to tools, services or functionality supplied by third parties.
We may not control these third-party services and cannot guarantee their availability or performance.
Your use of third-party services may also be subject to the provider's own terms and privacy policies.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to third-party websites or services.
We are not responsible for the content, accuracy, availability, security or practices of third-party websites.
Before purchasing products or services from a third party, you should review that party's terms and policies.
Questions or disputes concerning third-party products or services should generally be directed to the relevant third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Everyday Family Co. is powered by Shopify, which provides technology that enables us to operate our online store.
Purchases made through our store are transactions between you and Everyday Family Co., not Shopify.
To the extent permitted by law, Shopify is not responsible for products sold by Everyday Family Co. or for disputes arising directly from purchases made from our store.
Nothing in this section limits any rights or remedies that cannot legally be excluded.
SECTION 10 — PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our store is hosted using Shopify, Shopify may collect and process certain information necessary to provide its services.
Other service providers, including payment, delivery, analytics and technology providers, may also process information where necessary to provide their services.
Please review our Privacy Policy for further information.
SECTION 11 — REVIEWS AND FEEDBACK
If you submit reviews, comments, suggestions, photographs or other content to us, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, misleading, defamatory, abusive, obscene, fraudulent, infringes another person's intellectual property or privacy rights, or contains malicious software.
Where you submit a product review or other content for publication, you grant us permission to display and use that content in connection with our store and marketing, subject to applicable law.
We may moderate or remove content where reasonably necessary.
SECTION 12 — ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates or availability.
We reserve the right to correct errors and update information.
If an error materially affects an order you have already placed, we will deal with the matter reasonably and in accordance with applicable law.
SECTION 13 — PROHIBITED USES
You must not use our Services:
- for unlawful or fraudulent purposes;
- to violate applicable laws or regulations;
- to infringe intellectual property or privacy rights;
- to transmit malicious software or harmful code;
- to harass, threaten, abuse or impersonate another person;
- to submit deliberately false or misleading information;
- to interfere with the security or proper operation of our website;
- to collect personal information about others without lawful authority; or
- to engage in conduct that could damage our Services, customers or business.
We may restrict or terminate access to our Services where we reasonably believe these Terms have been breached.
SECTION 14 — SUSPENSION AND TERMINATION
We may suspend or terminate access to our Services where reasonably necessary, including for serious or repeated violations of these Terms, suspected fraud, security risks or unlawful activity.
Termination does not affect rights or obligations that arose before termination.
SECTION 15 — WARRANTIES AND CONSUMER RIGHTS
Our products and Services come with rights and guarantees that may apply under the Australian Consumer Law and other applicable laws.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, warranty, right or remedy that cannot legally be excluded, restricted or modified.
To the extent permitted by law, any additional warranties or representations not expressly stated by us are excluded.
SECTION 16 — LIMITATION OF LIABILITY
To the maximum extent permitted by law, Everyday Family Co. will not be liable for indirect, incidental, special or consequential loss arising from your use of our Services.
However, nothing in these Terms excludes or limits liability where doing so would be unlawful, including rights and remedies available under the Australian Consumer Law.
Where our liability can lawfully be limited, it will be limited to the extent permitted by applicable law.
SECTION 17 — INDEMNITY
To the extent permitted by law, you agree to indemnify Everyday Family Co. against losses, liabilities or claims arising directly from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person's rights.
This provision does not apply to the extent that a loss was caused or contributed to by Everyday Family Co.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue in effect.
SECTION 19 — WAIVER AND ENTIRE AGREEMENT
A failure or delay by us to enforce a provision of these Terms does not constitute a waiver of that provision.
These Terms, together with the policies referred to on our website, constitute the agreement governing your use of our Services, subject to any rights that cannot legally be excluded.
SECTION 20 — ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations where permitted by law, including in connection with a transfer or restructuring of our business.
SECTION 21 — GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws of Australia.
Subject to any rights you may have to bring proceedings elsewhere under applicable law, disputes relating to these Terms may be dealt with by courts having jurisdiction in New South Wales.
SECTION 22 — CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.
The current version will be published on our website.
Where required by law, we will provide appropriate notice of material changes.
SECTION 23 — CONTACT INFORMATION
Questions about these Terms of Service or your order can be sent to:
Everyday Family Co.
Email: dominickromero10@gmail.com