Terms of service
OVERVIEW
This website is operated by HILYFE Pty Ltd ("HILYFE", "we", "us", or "our"). Throughout the site, the terms "we", "us" and "our" refer to HILYFE. HILYFE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (collectively, the Service).
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service (the Terms), including those additional terms and policies referenced herein and/or available by hyperlink (for example, our Privacy Policy and Returns Policy). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or 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 the terms and conditions of this agreement, then you may not access the website or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e‑commerce platform that allows us to sell our products and services to you.
1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and 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 during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 express written permission by us. Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 — PRODUCT INFORMATION & AVAILABILITY
We make every effort to display as accurately as possible the colours, images and descriptions of products that appear in the store. We cannot guarantee that your device’s display of any colour will be accurate. All products, pricing, and 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 and to limit quantities.
4 — PRICING, PROMOTIONS & ERRORS
All prices are shown in Australian Dollars (AUD) and include GST where applicable unless stated otherwise. We may run promotions or discount codes from time to time; such offers are subject to separate terms and may be modified or withdrawn at any time. In the event of a pricing or typographical error, we reserve the right to refuse or cancel any orders placed for a product listed at an incorrect price, whether or not the order has been confirmed and your payment method charged. If your card has already been charged and your order is cancelled, we will issue a full refund.
5 — ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information (including email address and payment details) so that we can complete your transactions and contact you as needed.
6 — SHIPPING & DELIVERY
Orders are dispatched from our Australian warehouse. Shipping options, timeframes and fees are presented at checkout and may vary by destination. Once an order has been dispatched, risk of loss passes to the carrier and/or recipient as permitted by law. We are not responsible for delays caused by postal or courier services, customs, or other circumstances beyond our control. For full details, please refer to our Shipping Policy.
7 — RETURNS, EXCHANGES & CONSUMER GUARANTEES
We want you to love your gear. Eligibility, timeframes, and instructions for returns or exchanges are set out in our Returns Policy. Unless a product is faulty or fails to meet a consumer guarantee under the Australian Consumer Law (ACL), return shipping is at the customer’s expense. Items must be returned in original, unworn condition with tags attached.
Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights under the Australian Consumer Law that cannot be excluded. If your product is faulty, damaged, or not as described, you may be entitled to a repair, replacement, or refund as required by law. Where permitted by law, refunds will be made to the original payment method once your return is received and inspected.
8 — PRE‑ORDERS & BACKORDERS
From time to time we may offer items on pre‑order or backorder. Estimated dispatch dates are indicative only and may change due to manufacturing or logistics delays. You may cancel a pre‑order for a full refund any time before the order is dispatched.
9 — OPTIONAL TOOLS & THIRD‑PARTY SERVICES
We may provide you with access to third‑party tools over which we neither monitor nor have any control. You acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, and we shall have no liability arising from or relating to your use of optional third‑party tools. Certain content, products and services available via our Service may include materials from third parties and links to third‑party websites. We are not responsible for examining or evaluating the content or accuracy and we will not have any liability or responsibility for third‑party materials or websites. Complaints or questions regarding third‑party products should be directed to the third‑party.
10 — USER‑GENERATED CONTENT (UGC) & COMMUNITY
If, at our request, you send certain submissions (for example contest entries) or without a request you send creative ideas, suggestions, proposals, plans, photos, videos, reviews or other materials (collectively, Comments/UGC), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments/UGC that you forward to us. We are and shall be under no obligation (1) to maintain any Comments/UGC in confidence; (2) to pay compensation for any Comments/UGC; or (3) to respond to any Comments/UGC. By tagging @hilyfe.co or using our branded hashtags (e.g., #HILYFECREW), you grant HILYFE a non‑exclusive, royalty‑free, worldwide licence to use, reproduce, modify, publish and display your content across our channels, with credit where reasonably practicable. You warrant that you own or control all rights to the content you post and that it does not infringe any third‑party rights.
11 — PRIVACY & PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which explains how we collect, use and protect your information.
12 — ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that 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.
13 — PROHIBITED USES
In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state/territory or local regulations, rules, laws, or 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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of 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 related website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14 — INTELLECTUAL PROPERTY
All website content, product designs, logos, text and imagery are owned or licensed by HILYFE and protected by Australian and international copyright and trademark laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, sell or exploit any content without our prior written consent.
15 — 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, or that results may 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. You expressly agree that your use of, or inability to use, the Service is at your sole risk. Except as expressly stated by us, the Service and all products and services delivered to you through the Service are provided “as is” and “as available,” without any representation, warranties or conditions of any kind, either express or implied.
To the maximum extent permitted by law, in no case shall HILYFE, our directors, officers, employees, affiliates, agents, contractors, suppliers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. Where liability cannot be excluded under the Australian Consumer Law, it is limited to the replacement of the goods, the supply of equivalent goods, repair, or the cost of doing so, at our option.
16 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless HILYFE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any claim or demand, including reasonable legal fees, made by any third‑party due to or 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.
17 — SEVERABILITY
In the event that any provision of these Terms 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 severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
18 — TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19 — ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
20 — GOVERNING LAW & JURISDICTION
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of Western Australia. You agree to submit to the exclusive jurisdiction of the courts located within Western Australia.
21 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. 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 constitutes acceptance of those changes.
22 — CONTACT INFORMATION
Questions about the Terms should be sent to us at support@hilyfe.comany.
Note: This policy complies with the Australian Consumer Law (ACL) and is designed to reflect current ACCC guidance on consumer guarantees, unfair contract terms, and online retail obligations.
