Terms of service

Welcome to Moments to Colour!

The terms “we”, “us” and “our” refer to Moments to Colour. Moments to Colour operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with an enjoyable shopping experience (the “Services”). Moments to Colour is powered by Shopify, enabling us to provide these Services to you.

The following terms and conditions, along with any policies referenced herein (collectively, these “Terms of Service” or “Terms”), outline your rights and responsibilities when using our Services. Please read these Terms of Service carefully, as they include important information about your legal rights. They cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, and that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided is accurate, current, and complete, and that you have all necessary rights to provide this information.

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

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our products and services in our online stores. However, please note that colors or product appearance may vary depending on your screen and device settings.

We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or match exactly as depicted on our online stores. Product descriptions are subject to change without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities of products offered on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Moments to Colour reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Moments to Colour confirms acceptance and receives and processes your payment. Once accepted, cancellation requests may not be accommodated. If we do not accept, make changes to, or cancel an order, we will attempt to notify you using the contact information provided at the time of order.

Purchases are subject to our Refund Policy [LINK]. You represent and warrant that purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be detailed in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online stores may differ from prices in physical stores or other online stores operated by third parties. Promotions may be governed by separate terms and conditions. In case of conflict between promotion terms and these Terms, promotion terms will govern.

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

You represent and warrant that (i) credit card information provided is true, correct, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay charges incurred at posted prices, including shipping and handling charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping delays. Delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Title and risk of loss pass to you upon transfer of products to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Moments to Colour, its affiliates, or licensors and are protected by patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store, or transmit any material without our prior written consent, except as provided herein. Nothing in these Terms grants a license to use any patent, trademark, copyright, or other intellectual property of Moments to Colour or Shopify.

SECTION 7 - OPTIONAL TOOLS

You may access customer tools offered by third parties through the Services. We provide access to these tools “as is” without warranties, representations, or conditions of any kind. We are not liable for any issues arising from your use of optional third-party tools. Use of optional tools is at your own risk, and you should review terms provided by third-party providers.

SECTION 8 - THIRD-PARTY LINKS

The Services may include hyperlinks to third-party websites. We are not responsible for evaluating content or accuracy of third-party materials or websites. Your use of third-party websites is at your own risk. Review third-party policies and practices before engaging in transactions. Complaints about third-party products or services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Moments to Colour is powered by Shopify, enabling us to provide Services. Sales and purchases are direct transactions with Moments to Colour. By using the Services, you release Shopify and its affiliates from any claims related to purchases and transactions with Moments to Colour.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [LINK], and may be subject to Shopify’s Privacy Policy [LINK]. Use of Services acknowledges your consent to the Privacy Policies.

SECTION 11 - FEEDBACK

Submitting Feedback grants us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display Feedback for any purpose. You represent and warrant rights to Feedback. We have no obligation to maintain, pay for, or respond to Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally Services may include typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions, update information, or cancel orders without prior notice.

SECTION 13 - PROHIBITED USES

Access and use of Services are lawful purposes only. Prohibited uses include unlawful, malicious, infringing upon intellectual property, harassing, misleading, spamming, interfering with security features, or violating Terms. We may suspend, disable, or terminate accounts for violations.

SECTION 14 - TERMINATION

We may terminate Services or your access at any time without notice. You remain liable for all amounts due up to termination. Sections including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and other applicable provisions survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information provided through Services is for general information purposes. We do not warrant accuracy, completeness, or usefulness. Services and products are provided ‘as is’ and ‘as available’ without warranties or conditions. Use of Services is at your own risk.

SECTION 16 - LIMITATION OF LIABILITY

To fullest extent permitted by law, we are not liable for any damages resulting from use of Services or products. This includes direct, indirect, incidental, punitive, or consequential damages. Some jurisdictions do not allow limitations on implied warranties or limitations of liability, so certain limitations may not apply.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless Moments to Colour, Shopify, and affiliates from any losses, damages, liabilities, or claims, including legal fees, related to your breach of Terms, violation of law, or access to Services. We will notify you of indemnifiable claims and may control defense and settlement.

SECTION 18 - SEVERABILITY

If any provision of Terms is unlawful, void, or unenforceable, it shall be enforceable to fullest extent permitted by law. Unenforceable portion shall be deemed severed, with remaining provisions remaining valid.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision of Terms does not constitute waiver. Terms and any policies posted govern use of Services, superseding prior agreements. Ambiguities in Terms interpretation do not affect its validity.

SECTION 20 - ASSIGNMENT

You may not delegate or transfer Terms without our written consent. We may transfer, assign, or delegate Terms and rights without notice to you.

SECTION 21 - GOVERNING LAW

Terms and Services are governed by federal and state or territorial courts in jurisdiction where Moments to Colour is headquartered. You consent to jurisdiction and venue in such courts.

SECTION 22 - HEADINGS

Headings used are for convenience only and do not affect Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
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. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@momentstocolour.com.au.