Terms of service

Overview

Welcome to Adeline Sydney! The terms "we", "us" and "our" refer to Adeline Sydney. Adeline Sydney 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"). Adeline Sydney is powered by Shopify, which enables us to provide the Services to you.

The below 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. These Terms of Service are governed by the laws of the Northern Territory of Australia and the laws of the Commonwealth of Australia.

Please read these Terms of Service carefully, as they include important information about your legal rights.

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 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 18 years of age, or that you are accessing the Services under the supervision of a parent or guardian who has given consent.

To use the Services, 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 correct, current and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or licence your account to any other person.

Section 2 – Our Products

We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device type, settings, and display configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

Section 3 – Orders and Consumer Guarantees

When you place an order, you are making an offer to purchase. Adeline Sydney reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Adeline Sydney sends you an order confirmation.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (ACL) that cannot lawfully be excluded, restricted or modified.

Your purchases are subject to return or exchange in accordance with our Returns and Refunds Policy and your rights under the ACL.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 – Prices and Billing

All prices displayed on the Services are listed in Australian Dollars (AUD) and include GST (Goods and Services Tax) at the applicable rate of 10%, unless otherwise stated.

The price charged for a product will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email. Prices do not include delivery charges unless expressly stated. Any applicable delivery charges will be clearly calculated and displayed at checkout before you complete your purchase.

We do not charge hidden fees. The total amount you see at checkout, including GST and any delivery charges, is the total amount you will be charged.

By submitting payment information, you confirm that you are authorised to use the payment method provided, and you authorise us to charge your selected payment method for the full order amount, including any applicable GST and delivery charges.

We reserve the right to refuse or cancel any order if we suspect fraud, unauthorised activity, or an error in pricing or product information. If a pricing error occurs and you have already paid, we will notify you and provide a full refund.

Section 5 – Delivery

We are not liable for delivery delays caused by factors outside our control, including but not limited to Australia Post or courier disruptions, adverse weather conditions, or remote area delivery challenges. All delivery times are estimates only and are not guaranteed.

Risk in the goods passes to you when we deliver the goods to the address you specified in your order. Legal title to the goods passes to you upon receipt of full payment.

Where goods are not delivered within any agreed timeframe, or within 30 days if no timeframe was agreed, you may be entitled to a remedy under the ACL.

Section 6 – Intellectual Property

Our Services, including all trade marks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Adeline Sydney, its affiliates or licensors and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Section 7 – Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 8 – Third-Party Links

The Services may contain links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 – Relationship with Shopify

Adeline Sydney 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 Adeline Sydney. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Adeline Sydney. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Adeline Sydney.

Section 10 – Privacy

All personal information we collect through the Services is subject to our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Services, you acknowledge that you have read our Privacy Policy.

Section 11 – Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, delivery 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 where any information is inaccurate at any time without prior notice.

Section 13 – Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful purpose; (b) to violate any Australian federal, state, or territory laws or regulations; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send unsolicited commercial electronic messages in violation of the Spam Act 2003 (Cth); (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Section 14 – Termination

We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Nothing in this clause excludes, restricts or modifies any right or remedy you may have under the ACL.

Section 15 – Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL that cannot lawfully be excluded, restricted or modified. Our liability to you for a failure to comply with a consumer guarantee is limited as permitted by section 64A of the ACL, where applicable.

Subject to the above, to the maximum extent permitted by applicable Australian law, we exclude all liability for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, or loss of data, arising from your use of the Services.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

Section 16 – Indemnification

You agree to indemnify, defend and hold harmless Adeline Sydney, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

Section 17 – Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, it shall be severed from these Terms without affecting the validity and enforceability of any remaining provisions.

Section 18 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us and govern your use of the Service.

Section 19 – Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, provided that we give you reasonable notice.

Section 20 – Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the Northern Territory of Australia and the laws of the Commonwealth of Australia applicable therein.

You agree that any dispute arising out of or relating to these Terms or your use of the Services shall be subject to the non-exclusive jurisdiction of the courts of the Northern Territory of Australia and the Federal Court of Australia. Nothing in these Terms limits your right to commence proceedings in any other court of competent jurisdiction under Australian law.

Section 21 – Dispute Resolution

We encourage you to contact us in the first instance to resolve any dispute. If a dispute cannot be resolved by negotiation, it may be referred to the relevant consumer protection agency in your state or territory, or to the Australian Competition and Consumer Commission (ACCC) at accc.gov.au.

Section 22 – Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 – Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. We will give you reasonable notice of any material changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 – Refunds & Returns

Returns and refunds are governed by our Returns and Refunds Policy and your consumer guarantees under the Australian Consumer Law.

Section 25 – Customer Complaint – Faulty Product

If you believe you have received a defective, damaged, or incorrect product, please contact us at support@adelinesydney.com within 30 days of delivery and provide your order number along with photographs of the issue. Your rights under the ACL are not limited to this 30-day period.

If a product is confirmed to be faulty or not as described, we will provide a remedy under the ACL, which may include:

• A repair, replacement, or refund (for a major failure, the choice of remedy is yours);

• Compensation for any other reasonably foreseeable loss or damage.

All customer complaints are reviewed in good faith and responded to within 30 days of receipt.

Section 26 – Contact Information

Contact Information

Brand Name: Adeline Sydney

Address: Unit 5/90 Mitchell St, #91, Darwin, NT 0800, Australia

Email: support@adelinesydney.com

Phone: +61 8 7918 7680

Contact Form: Click here

Customer Service Hours: Monday to Friday: 9:00 AM – 5:00 PM (ACST)

Response Time: Our customer service team will respond within 24 hours on business days.